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CONSTITUTION 

OF THE 

STATE OF TEXAS, 

ADOPTED BY THE 


CONSTITUTIONAL CONVENTION, 

CONVENED AT Al^STIN SEPTEMBISK 6 , 1875 . AND RATIFIED 
BY THE PEOPLE FEBRUARY 15 , 1876 . 


HOUSTON: 

HOT^STON TFN.EORAPH STEANI PRINT. 

1876 . 









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CONSTITUTION 


OF THE 


STATE OF TEXAS, 


ADOPTED BY THE 


CONSTITUTIONAL CONVENTION, 

CONVENED AT AUSTIN SEPTEMBER 6 , 1875 . AND RATIFIED 
BY THE PEOPLE FEBRUARY 15 , 1876 . 







HOUSTON: 



HOUSTON TELEOltAPII STEAM PRINT. 

1876 . 





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CONSTITUTION. 


PREAMBLE. 

Humbly invoking tlie blessing of Almighty Preamblo. 
God, the people of the State of Texas do oixlain 
and establish this Constitution. 

ARTICLE I. 

r>ILL OF RIGHTS. 

That the general, great and essential principles Declaration, 
of liberty and free government may be recognized 
and established, we declare : 

Section 1. Texas is a free and independent Texas tree and 
State, subject only to the Constitution of tlie 
United States; and the maintenance of our free 
institutions and the perpetuity of the Union de-Perpetuity of 
pend upon the preservation of the right of locaU’**^^"'''”' 
self-government unimpaired to all the States. 

Sec. 2. All political power is inherent in the Political ^wev 
people, and all free governments are founded oiipeopir^'" 
their authority, and instituted for their benefit. 

The faith of the people of Texas stands pledged 
to the preservation of a republican form of gov- Republican 
ernment, and, subject to this limitation only, sovemntent. 
they have at all times the inalienable right to 
alter, reform or abolish their government in such 
manner as they may think expedient. 

Sec. 3. All free men when they form a social ^quai rights, 
compact, have equal rights, and no man, or set 
of men, is entitled to exclusive separate public 
emoluments, or privileges, but in consideration 
of public services. 



4 


No religious test 
for officers. 


Nor for wit¬ 
nesses. 


Freedom in reli¬ 
gious worship 
guaranteed and 
to be protected. 


No appropriation 
lor sectarian 
purposes. 


Lii erty of 
speech and press 
guaranteed. 


Sec. 4. No religious test shall ever be required 
as a qualilicatiou to any office, or public trust, in 
this State ; nor shall any one be excluded from 
holding office on account of his religious senti¬ 
ments, provided he acknowledge the existence of a 
Supreme Being. 

Sec. 5. No person shall be disqualified to give 
evidence in any of the courts of this State on 
account of his religious opinions, or for the 
want of any religious belief, but all oaths or 
affirmations shall be administered in the mode 
most binding upon the conscience, and shall be 
taken subject to the pains and penalties of 
perjury. 

Sec. 6. All men have a natural and indefeasi¬ 
ble right to worship Almighty God according to 
the dictates of their own consciences. iSTo man 
shall be compelled to attend, erect or support 
any place of worship, or to maintain any minis¬ 
try against his consent. No human authority 
ought, in any case whatever, to control or inter¬ 
fere with the rights of conscience in matters of 
religion, and no preference shall ever be given by 
law to any religious society or mode of worship. 
But it shall be rhe duty of the Legislature to 
pass such laws as may be necessary to protect 
equally every religious denomination in the 
peaceable enjoyment of its own mode of public 
worship. 

Sec. 7. No money shall be appropriated or 
drawn from the treasury for the benefit of any 
sect, or religious society, theological or religious 
seminary ; nor shall property belonging to the 
State be appropriated for any such purposes. 

Sec. 8. Every person shall be at liberty to 
speak, write or publish his opinions on any sub¬ 
ject, being responsible for the abuse of that 
privilege ; and no law shall ever be passed cur¬ 
tailing the liberty of speech or of the press. In 
prosecutions for the publication of papers inves¬ 
tigating the conduct of officers or men in public 
capacity, or when the matter published is proper 


5 


for public information, the truth thereof nia}^ be Right of jury in 
given in evidence. And in all indictments for 
libels the jury shall have the right to determine 
the law and the facts, under the direction of the 
court, as in other cases. 

Sec. 9. The people shall be secure in their per- Guarantee 
sons, houses, papers and possessions from all sonabie seizures 
unreasonable seizures or searches, and no warrant 
to search any place, or to seize any person or 
thing, shall issue without describing them as 
near as may be, nor without probable cause siiji- 
ported by oath or affirmation. 

Sec. 10. In all criminal prosecutions, the ac- Guarantees in 
cused shall have a speedy public trial by an im- tviioul 
partial jury. He shall have the right to demand 
the nature and cause of the accusation against 
him, and to have a copy thereof. He shall not 
be compelled to give evidence against himself. 

He shall have the right of being heard by himself 
or counsel or both ; shall be confronted with the 
witnesses against him, and shall have compulsory 
process for obtaining witnesses in his favor. And 
no person shall be held to answer for a criminal 
offense, unless on indicfment of a grand jury, 
except in cases in which the punishment is by 
fine, or imprisonment otherwise than in the peni¬ 
tentiary, in cases of impeachment, and in cases 
arising in the army or navy, or in the militia, 
when in actual service in time of war or public 
danger. 

Sec. 11. All prisoners shall be bailable by sufii- Ran. 
cient sureties, unless for capital offenses when 
the proof is evident; but this provision shall not 
be so construed as to prevent bail after indict¬ 
ment found, upon examination of the evidence in 
such manner as may be prescribed by law. 

Sec. 12. The writ of habeas corpus is a writ habeas corpus, 
of right, and shall never be suspended. The 
Legislature shall enact laws to render the remedy 
speedy and effectual. 

Sec. 13. Excessive bail shall not be required, 
nor excessive fines imposed, nor cruel or unusual excessive fines 


6 


and cruel pun¬ 
ishments 
forbidden. 
Courts open to 
all. 


punishment intiicted. All courts shall be open, 
and every person for an injury done him in his 
lands, goods, person or reputation shall have 
remedy by due course of law. 

But one trial for Sec. 14. 'N o pcrsoii, for tlio samo offense, shall 
sime oifense. twico put ill jeopardy of life or liberty ; nor 
shall a person be again put upon trial for the 
same offense after a verdict of not guilty in a 
court of competent jurisdiction. 

Right of trial by Sec. 15. Tlic Hglit of trial by juiy sliall remain 
jury inviolate, Tlic Legislature sliall pass such laws 

as may be needed to regulate the same, and to 
maintain its purity and efficiency. 


Sec. 16. No bill of attainder, ex]Jostfacto law, 
/Sohwsretc., retroactive law, or any law impairing the obliga¬ 
tion of contracts, shall be made. 


Bills of attain 
der, ex post 
facto law! 
forbidden. 


ofemLe^rdjr pcrsoii’s property sliall be taken, 

main, adequate damaged or destroyed for or applied to public 
teTadr^”*' ^‘'use without adequate compensation being made, 
unless b}^ the consent of such person ; and, when 
taken, except foi* the use of the State, such com¬ 
pensation shall be first made, or secured by a 
deposit of money ; and no irrevocable or uncon¬ 
trollable grant of special privileges or immunities 
shall be made ; but all privileges and franchises 
granted by the Legislature or created under its 
authority "shall be subject to the control thereof. 


Legislature to 
have control < f 
luivilegosand 
franchises. 


inenubrTbt pcrsoii sliall ovoF be imprisoned 

for debt. 


Rights guaran¬ 
teed. 


Sec. 19. No citizen of this State shall be de¬ 
prived of life, liberty, property, privileges or 
immunities, or in any manner disfranchised, ex¬ 
cept by the due course of the law of the land. 


No outlawry or Sec. 120. No pcrsoii sliall be outlawed; nor 
transportation. pcrsoii bc trauspoi'tod out of the State 

for any offense committed within the same. 


No corruption of Sec. 21. Nocoiivictioii sliall work corruption 
ure°ofTsit2'^‘ of blood, or forfeiture of estate ; and the estates 


7 


of those who destroy their own lives sliall de¬ 
scend or vest as in case of natural death. 

Sec. 22. Treason against the State shall consist 
only in levying war against it, or adhering to its 
enemies, giving them aid and comfort; and no 
person shall be convicted of treason except on 
the testimony of two witnesses to the same overt 
act, or on confession in open court. 

Sec. 23. Every citizen shall liave the right to 
keep and bear arms in the lawful defense of him¬ 
self or the State ; but the Legislature shall have 
power by law lo regulate the wearing of arms 
with a view to prevent crime. 

Sec. 24. The military shall at all times be sub¬ 
ordinate to the civil authority. 

Sec. 25. No soldier shall in time of peace be 
quartered in the house of any citizen without the 
consent of the owner, nor in time of war but in a 
manner prescribed by law. 

Sec. 20. Perpetuities and monopolies arc con¬ 
trary to the genius of a free government, and 
shall never be allowed ; nor shall the law of 
primogeniture or entailments ever be in force in 
this State. 

Sec. 27. The citizens shall have the right, in a 
peaceable manner, to assemble together for their 
common good, and apply to those invested with 
the power of government for redress of griev¬ 
ances or other purposes, by petition, address or 
remonstrance. 

Sec. 28. No power of suspending laws in this 
State shall be exercised except by the Legislature. 

Sec. 29. To guard against transgressions of the 
high powers herein delegated, we declare that 
everything in this “Bill of Rights” is excepted 
out of the general powers of government, and 
shall forever remain inviolate, and all laws con¬ 
trary thereto, or to the following provisions, 
shall be void. 


Suicides,. 


Ttcasoii defined. 


two ’>vitness!os or 
confession. 


Right to heai- 
arms. 


Wearing of arms 
nity he regu¬ 
lated. 


Militiiry to he 
subordinate to 
civil authority. 


Quartering of 
soldiers. 


Perpetuities ajid 
monopolies, law 
of primogeniture 
and entailment 
forbidden. 


Might of asseiii- 
bling and peti¬ 
tioning guaran¬ 
teed. 


Legislature ouly 
may suspend 
laws. 


•‘Bill of Bights” 
inviolate. 


8 


Tlnee ilepart- 
luoiits of govern¬ 
ment. 


Legislative. 

Exeenfive, 

.Tndidal. 


Departments to 
bo kept distinct. 


“The Legislature 
of the State of 
Texas.” 


The Senate— 
thirty one 
members. 

House of Repre- 
sentives. 


NineO'-three 

members 

mimmum. 


One hmiclred 
and fifty maxi¬ 
mum. 


Senators, how 
cho.seu. 

New senators af¬ 
ter new appor¬ 
tionment. 


To be classified. 


ARTICLE II. 

THE POWEllS OF GOVERNMENT. 

Section 1. The powers of the government of 
the State of Texas shall be divided into three 
distinct departments, each of which shall be con- 
lided to a separate body of magistracy, to-wit: 
Those which are legislative to one, those which 
are executive to another, and those which are 
judicial to another ; and no person, or collection 
of persons, being of one of these departments, 
shall exercise any power properly attached to 
either of the others, except in the instances here¬ 
in expressly permitted. 

ARTICLE III. 

LE(MSL ATI VE DEPARTM ENT, 

Section 1. The legislative power of this State 
shall be vested in a Senate and House of Repre¬ 
sentatives, which together shall be styled ‘‘The 
Legislature of the State of Texas.” 

Sec. 2. The Senate shall consist of thirty-one 
members, and shall never be increased above this 
number. The House of Representatives shall 
consist of ninety-three members until the tirst 
apportionment after the adoption of this Consti¬ 
tution, when, or at any apportionment thereafter, 
the number of representatives may be increased 
by the Legislature, upon the ratio of not more 
than one representative for every fifteen thousand 
inhabitants, promded^ the number of representa¬ 
tives shall never exceed one hundred and fifty. 

Sec. 3. The senators shall be chosen by the 
qualified electors for the term of four years ; but 
a new Senate shall be chosen after every appor¬ 
tionment, and the senators elected after each ap¬ 
portionment shall be divided by lot into two 
classes. The seats of the senators of the first 
class shall be vacated at the expiration of the 
first two years, and those of the second class at 


9 


the expiration of four years, so that one-half of one-hair to to 
the senators shall be chosen biennially thereafter. ^ 11 ^“ 


Sec. 4. The members of the House of Repre- R«'presentativesj, 
sentatives shall be chosen by the qualified 
electors, and their term of office shall be two 
years from the day of their election. 


Sec. 5. The Legislature shall meet every two i-egisiature. 
years, at such time as may be provided by law, i^ienniai. 
and at other times when convened by the con7ene^ 
Governor. 

Sec. 6. No person shall be a senator, unless he 
be a citizen of the United States, and, at the time toU^ 
of his election a qualified elector of this State, 
and shall have been a resident of this State five 
years next preceding his election, and the last 
year thereof a resident of the district for which 
he shall be chosen, and shall have attained the 
age of twenty-six 3 ^ears. 

Sec. 7. No person shall be a representative, 
unless he be a citizen of the United States, and, 
at the time of his election a qualified elector of 
this State, and shall have been a resident of this 
State two 3 ^ears next preceding his election, the 
last year thereof a resident of the district for 
which he shall be chosen, and shall have attained 
the age of twenty-one 3 "ears. 

Sec. 8. Each house shall be the judge of Uie 
qualifications and election of its own members ; elections°of 
but contested elections shall be determined in ooXsTedSec 
such manner as shall be provided by law. 

Sec. 9. The Senate shall, at the beginning and senate to elect 
close of each session, and at such other times as tem. 
may be necessary, elect one of its members Pres¬ 
ident, 'pro tempore^ who shall perform the duties his duties, 
of the lieutenant governor in any case of ab¬ 
sence or disability of that officer, and whenever 
the said office of lieutenant governor shall be 
vacant. The House of Representatives shall, 
when it first assembles, organize temporarily^ 
and thereupon proceed to the election of a 


10 


speaker from its own members ; and eacli house 
shall choose its other officers. 

Twothirdsa IQ, Two thirds of each house shall con- 

number may ad stitute a qiiorum to do busiiiess, but a smaller 
pei™ttenda^i“! number may adjourn from day to day, and com¬ 
pel the attendance of absent members, in such 
manner and under such penalties as each house 
may provide. 

Sec. 11. Each house may determine the rules 
of its own proceedings, x'mnish members for dis¬ 
orderly conduct, and, with the consent of two- 
thirds, expel a member, but not a second time 
for the same olfense. 

•Tonimistojx- 12. Each house shall keep a journal of its 

iisbed!“ proceedings, and publish the same ; and the 
Yoas and nays, yeas aiid iiays of the members of either house on 
any question shall, at the desire of any three 
members present, be entered on the journals. 

1^' When vacancies occur in either house, 
the governor, or the person exercising the poAver 
of the governor, shall issue writs of election to 
lill such vacancies ; and should the governor fail 
to issue a writ of election to lill any such va¬ 
cancy within twenty days after it occurs, che 
returning officer of the district in which such 
vacancy may have happened shall be authorized 
to order an election for that purpose. 

from 14 ^ Seiiatoi's and representatives- shall, 

except in cases of treason, felony or breach of 
the peace, be privileged from arrest during the 
session of the Legislature, and in going to and 
returning drom the same, allowing one day for 
every twenty miles such member may reside from 
the place at which the Legislature is Convened. 

Sirconduct' Each house may ])unish, by imprison- 

or. Cl y con net. duriug its scssious, any person not a mem¬ 

ber, for disrespectful or disorderly conduct in its 
presence, or for obstructing any of its x)roceed- 
ings; prouded^ such imprisonment shall not, at 
any one time, exceed forty-eight hours. 


llnlM. 

May pimisli. 
May expel. 


11 


Sec. 16 . The sessions of each house shall be no secret ses- 
open, except the Senate when in executive ExSption. 
session. 

Sec. 17. Neither house shall, without the con- 
sent of the other, adjourn for more than threeaS? nor to oth- 
days, nor to any other place than that where the conCrrelcel'^'''^ 
Legislature may be sitting. 

Sec. 18 . No senator or representative shall, ineiigibiiity of 
during the term for which he may be elected, Pq 
eligible to any civil office of profit under this 
State which shall have been created or the emol¬ 
uments of which may have been increased during 
such term ; no member of either house shall, 
during the term for which he is elected, be eligi¬ 
ble to any office or place, the appointment to 
which may be made, in whole or in x)art, by 
either branch of the Legislature ; and no member When eligible, 
of either house shall vote for any other member 
for any office whatever, which may be filled by 
a vote of the Legislature, except in such cases as 
are in this Constitution provided. Nor shall any 
member of the Legislature be interested, either Shall not be hx- 
directly or indirectly, in any contract with the 
State, or any county thereof, authorized by any 
law passed during the term for which he shall 
have been elected. 

Sec. 19 . No judge of any court, secretary of what^offlceijm. 
state, attorney general, clerk of any court of isiature, 
record, or any person holding a lucrative office 
under the United States, or this State, or any 
foreign government shall, during the term for 
which he is elected or appointed, be eligible to 
the Legislature. 

Sec. 20. No person who at any time may 
been a collector of taxes, or who may have been puwTfinds lo- 
otherwise entrusted with public money, shall be 
eligible to the Legislature, or to any office of 
profit or trust under the State government, until 
he shall liave obtained a discharge for the 
amount of such collections, or for all public 
mone^^s with which he may have been entrusted. 


12 


Freedom in de¬ 
bate. 


Personal inter¬ 
est to be dis¬ 
closed and hav¬ 
ing, not to vote. 


Removal vacates 
office. 


Per diem. 


Five dollars. 


After sixty days 
two dollars. 


Mileage. 


Senatorial dis¬ 
tricts, how ap¬ 
portioned. 


Sec. 21. No member shall be questioned in any 
other place for words spoken in debate in either 
house. 

Sec. 22. A member who has a ^ personal or 
private interest in any measure or bill, proposed, 
or pending before the Legislature, shall disclose 
the fact to the house, of which he is a. member, 
and shall not vote thereon. 

Sec. 23. If any senator or representative re¬ 
move his residence from the district or county for 
which he was elected, his office shall thereby 
become vacant, and the vacancy shall be filled as 
provided in section 13 of this article. 

Sec. 24. The members of the Legislature shall 
receive from the public treasury such compensa¬ 
tion for their services, as may, from time to time, 
be provided by law, not exceeding five dollars 
per day for the first sixty days of each session ; 
and after that not exceeding two dollars per day 
for the remainder of the session ; except the first 
session held under this Constitution, when they 
may receive not exceeding five dollars per day 
for the first ninety days, and after that not ex¬ 
ceeding two dollars per day for the remainder of 
the session. In addition to the per diem the 
members of each house shall be entitled to mile¬ 
age in going to and returning from the seat of 
government, which mileage shall not exceed five 
dollars for every twenty-five miles, the distance 
to be computed by the nearest and most direct 
route of travel by land regardless of raihvays or 
water routes; and the comptroller of the State 
shall prepare and preserve a table of distances to 
each county seat now or hereafter to be estab¬ 
lished and by such table the mileage of each 
member*shall be paid-; but no member sl^all be 
entitled to mileage for any extra session that 
may be called within one day after the adjourn¬ 
ment of a regular or called session. 

Sec. 25. The State shall be divided into sena¬ 
torial districts of contiguous territory according 
to the number of qualified electors, as nearly 


13 


as may be, and each district shall be enti- no single county 
tied to elect one senator, and no single county genato?,''“ 
shall be entitled to more than one senator. 

Sec. 26. The members of the House of K-epre- 
sentatives shall be apportioned among the several tionedl’^”^ 
counties, according to the number of population 
in each, as nearly as may be, on a ratio obtained 
by dividing the population of the State, as ascer¬ 
tained by the most recent United States census, 
by the number cf members of which the house is 
composed; ‘provided^ that whenever a single 
county has sufficient population to be entitled to 
a representative, such county shall be formed 
into a separate representative district, and when 
two or more counties are required to make up the 
ratio of representation such counties shall be 
contiguous to each other; and Avhen any one 
county has more than sufficient population to be 
entitled to one or more representatives, such rep¬ 
resentative or representatives shall be apportioned 
to such county, and for any surplus of popula¬ 
tion it may be joined in a representative district 
with any other contiguous county or counties. 

Sec. 27. Elections for senators and representa- Elections for 
tives shall be general throughout the State, and be general, 
shall be regulated by law. 

Sec. 28. The Legislature shall, at its first when appor- 
session after the publication of each United be made!" "" 
States decennial census, apportion the State into 
senatorial and representative districts, agreeably 
to the provisions of sections 25 and 26 of this 
Article ; and until the next decennial census, 
when the first apportionment shall be made by next united 
the Legislature, the State shall be, and it ig spates census, 
hereby divided into senatorial and representative 
districts as provided by an ordinance of the Con¬ 
vention on that subject. 

PROCEEDINGS. 

Sec. 29. The enacting clause of all laws shall 
be, “Be it enacted by the Legislature of the State 
of Texas.” 


14 




Laws to be pass- Sec. 30. No law sliall be passed except by bill, 
oJigfna‘/purposc and 110 bill sliall be so amended in its passage 
chan-edby^ tlirougli either house as to change its original 

amendment. pUI'pOSe. 

euberlioire^^ir ’ Bllls maj Originate in either house, 

tered, amended and when passed by such house may be amended, 
or rejected, altered or rejected by the other. 

Bills, how pass- Sec. 32. No bill shall have the force of law 
until it has been read on three several days in 
each house, and free discussion allowed thereon ; 
Restrictions, ill casos of imperative public necessity (which 

necessity shall be stated in a preamble, or in the 
body of the bill), four-hfths of the house in 
which the bill may be pending may suspend this 
rule, the yeas and nays being taken on the ques¬ 
tion of suspension, and entered upon the journals. 

Rerenne bills. Sec. 33. All bills for raislug revenue shall 
originate in the House of Representatives, but 
the Senate may amend or reject them as other 
bills. 

Defeated bills Sec. 34. After a bill has been considered and 
reso utioos. either house of the^ Legislature no 

bill containing the same substance shall be passed 
into a law during the same session. After a reso¬ 
lution has been acted on and defeated no reso¬ 
lution containing the same substance shall be 
considered at the same session. 

Bills to contain Sec. 35. No bill (cxcept general appropriation 
ExcepS!''’''''^’ bills, which may embrace the various subjects 
and accounts for and on account of which 
moneys are appropriated) shall contain more 
than one subject, whicli shall be expressed in its 
title. But if any subject shall be embraced in an 
act which shall not be expressed in the title, such 
act shall be void only as to so much thereof as 
shall not be so expressed. 

Std amended to sliall be revived or amended 

be re-enacted.* ""by reference to its title ; but in such case the act 
revived or the section or sections amended shall 
be re-enacted and published at length. 


15 


Sec. 87. No bill shall be considered, unless it Reference to ami 
has been hrst referred to a committee and re- cJmmiuee 
ported thereon; and no bill shall be passed 
which has not been presented and referred tojoumment. 
and reported from a committee at least three 
days before the linal adjournment of the 
Legislature. 


Sec. 38. The presiding officer of each house joint 
shall, in the presence of the house over which he to be signed, 
presides, sign all bills and joint resolutions 
passed by the Legislature, after their titles have 
been publicly read before signing; and the fact Signing to be 

i iiT i 1 1 noted on journal. 

or signing shall be entered on the journals. 

Sec. 39. No law passed by the Legislature, when^aws to 
except the general appropriation act, shall take 
effect or go into force until ninety days after the 
adjournment of the session at which it was en¬ 
acted, unless in case of an emergency, which Rxceptiona, ami 
emergency must be expressed, in a preamble or how passed, 
in the body of the act, the Legislature shall, by 
a vote of two-thirds of all the members elected to 
each house, otherwise direct ; said vote to be 
taken by yeas and nays, and entered upon the 
journals. 

Se(\ 40 . When the Legislature shall be con- sessions, 
vened in special session, there shall be no legisla¬ 
tion. upon subjects other than those designated o^iyjpedai im- 
in the proclamation of the governor calling such"*"'''’"’ 
session, or presented to them by the governor; 
and no sucii session shall be of longer duration 
than thirty days. 

Sec. 41. In all elections by the Senate and 
House of Representatives, jointly or separately, 
the vote shall be given vim voce, except in the elec-" 
tion of their officers. 


kequikements and limitations. 


Sec. 42. The Legislature shall pass such 
as may be necessary to carry into effect the pro - visions, 
visions of this Constitution. 


IG 


First Legisia- Sec. 43. Tlie lii'st sessioii of the Legislature uii- 
foV^re\\Ton''of° der tliis Constitution shall provide for revising, 
tonj-eaTs"? ‘"'""'^^^ig^sting aiid publishing the laws, civil and 
criminal; and a like revision, digest and publica¬ 
tion may be made every ten years thereafter; 
provided^ that in the adoption of and giving 
effect to any such digest or revision, the Legisla¬ 
ture shall not be limited by sections 35 and 36 of 
this Article. 

of Sec. 44. The Legislature shall provide by law 
for the compensation of all officers, servants, 
agents and public contractors, not provided for 
in this Constitution, but shall not grant extra 

bc^mudrforei^'officer, agent, servant, or 
tra compensa- 'public contractors, after such public service shall 
have been performed or contract entered into for 
the performance of the same ; nor grant, by ap- 
Noappropria- propiiatioii 01 ’ otliei’wise, any amount of money 
J.u?suTnc%'pre- out of tlic ti’easuiy of the State, to any individ- 
existing lawB. ^ claim, real or pretended, when the 

same shall not have been provided for by pre¬ 
existing law ; nor employ any one in the name 
of the State unless authorized by pre-existing 
law. 

Change of venue Sec. 45. The powci’ to cliaiige the venue in 
only. Civil and criminal cases shall be vestea in the 

courts, to be exercised in such manner as shall 
be provided by law ; and the Legislature shall 
pass laws for that purpose. 

joeniictyagrant 46. Tile Legislature shall, at its first ses¬ 

sion after the adoption of this Constitution, enact- 
effective vagrant laws. 

™?n?fhe^reof Sec. 47. Tile Legislature sliall pass laws pro¬ 
to bTprohibS. hibiting the establishment of lotteries and gift 
enterprises in this State, as well as the sale of 
tickets in lotteries, gift enterprises or other eva¬ 
sions involving the lottery principle, established 
or existing in other States. 

Taxation only gp^c. 48. Tile Legislature shall not have the 
lion of govern- right to lovy taxcs or impose burdens upon the 
merit. pcople, oxcopt to luise revenue sufficient for the 


17 


<K*X)iH)ini(*al luliuiiilstratioii of tlio <>-()verniueiit, in 
wliicli inny be iiicluded the following purposes: 

The ])ayinent of all interest upon the bondedintcnst. 
d(d)t of the State ; 

The erection and repairs of public buildings ^ Public build- ' 

The benefit of the sinking fund, which i^hall Sug fund of 
not be more than two per centum of the public 
debt; and for the payment of the present float-rioat in-debt, 
ing debt of the State, including matured bonds 
for the ])aymeiit of which the sinking fund is 
inadecptate; 

The support of public schools, in which shall 
be included colleges and universities established 
by the State; and the maintenance and support 
of the Agricultural and Mechanical College of 
Texas ; 

The payment of the cost of assessing and col- 
lecting the revenue ; and the payment of all ofli- officers salaries, 
cers, agents and employes of the State govern • 
ment, and all incidental expenses connected incidentals. . 
therewith ; 

The support of tlie Blind Asylum, the Deaf state asylums, 
and Dumb Asylum, and the Insane Asylum, the 
State Cemetery and the public grounds of the 
State; 

''Idle enforcement of (piarantine n'gulations on Quarantine, 
the coast of Texas ; 

The protection of the fi'ontiej*. Frontier protec- 

i tion. 

Se('. 49. Ao debt shall be created by or on be-Limitations an-i 
half of the State, excejit to supply (Visual defi- 
ciencies of the revenue, re])el invasion, suppress'’’® 
insurrection, defend the State in war, or pay 
existing debt; and tiie debt created to supply 
deficiencies in the revenue, shall never exceed in 
the aggregate at any one time two hundred 
thousand dollars. 

Se(\ oh. The Legislature sliall have no power proiiii.uions 
to give or to lend, or to authorize the gi\4ng 
lending, of the credit of the State in aid of. or to 
any person, association or corporation, whethei- 
municipal or other ; or to pledge the credit of 
the State in any manner whatsoever, for the pay¬ 
ment of the liabilities, ])resent or prospective, of 
any individual, association of individuals, mu¬ 
nicipal or other corporation whatsoever. 

2 


18 


••ubli'c monoy 
wot to be grailf- 
e.1. 


EKceptioii. 


Pulilic calamity. 


Subsidies by po¬ 
litical corpora¬ 
tion prohibited 
and shall not be¬ 
come .stock-hold¬ 
ers. 


t.^tra Coinpcn- 
«a,tion shall not 
bf5 made by po¬ 
litical corpora- 
tion.s. 


I 

Mo release or 
alienation of 
Stite lien on 
r-tilroads. 


Obligations to 
btate, county, 
etc., not to be 
eel eased by leg¬ 
islation. 


Se(’. 51. The Legislature shall have no power 
to make any grant, or anthori/e the making of 
any grant, of ])ublic monej" to any individual, 
association of individuals, municipal or othm- 
corporation whatsoever; provided, that this 
shall not be so construed as to prevent the grant 
of aid in case of public calamit}". 

Sp:c. 52. The Legislature shall liave no ])OW(*r 
to authorize any county, city, towm, or other po¬ 
litical corporation, or sub-division of the State, 
to lend its credit or to grant public money oi' 
thing of value, in aid of or to any individual, as¬ 
sociation, or corporation wliatsoever ; or to be¬ 
come a stock-holder in such corporation, associ¬ 
ation or company. 

Sec. 58. The Legislature shall have no ])owei- 
to grant, or to authorize any county or mnnici- 
X)al authority to grant, any extra compensation, 
fee or allowance to a public officer, agent, servant 
or contractor, after service' has been rendered, 
or a contract has been entered into, and ])er- 
forined in whole or in ])art; nor ])ay, nor author¬ 
ize the payment of, any claim created against 
any county or municipality of the' State, nndei' 
any agreement or contract, made without author¬ 
ity of law. 

Se(’. 54. The Legislature shall hav^‘ no power to 
release or alienate any lien held by the State 
upon any railroad, oi* in anywise change tin' 
tenor or meaning, or pass any act explanatory 
thereof; but the same shall be enforced in ac¬ 
cordance with the original terms njion which it 
Avas acquired. 

Sec. 55. The Legislature shall hare no ])ower 
to release or extinguish, or to authorize th(‘ 
releasing or extinguishing, in whole or in part, 
the indebtedness, liability or obligation of any 
incorpoiation or individual to this State, or to 
an}' county, or othei- municipal (*orporation 
therein. 


Sec. 50. Tin* Legislature shall not, except as 


19 


otherwise provided in this Constitution, pass an y No local or spe- 
local or special law, authorizing : nieraS'iiwr”' 

The creation, extension or impairing of liens ; riens. 

Ttegulating the affairs of counties, cities, towns, county affairs, 
wards or school districts ; 

Changing the name of persons or places; changing naIn.^ 
changing the venue in civil or criminal cases ; 

Authorizing the laying out, opening, altering Roads,uc. 
or maintaining of roads, highways, streets or 
alleys ; 

Relating to ferries and bridges, or incorpora- 
ting ferry or bridge companies, except for the 
erection of bridges crossing streams which form 
boundaries between this and any other State ; 

Vacating roads, town plats, streets or alleys ; muis 

Relating to cemeteries, grave yards or public cemeteries, 
grounds not of the State ; 

Authorizing the adoption or legitimation of Adoption, 
children; ^ 

Locating or changing county seats ; county scuts. 

Incorporating cities, towns or villages, or Municipal cliar- 
changing their charters ; 

For the ojiening and conducting of elections, or Elections, 
fixing or changing the jilaces of voting : 

Granting divorces ; Divorces. 

Creating offices, or prescribing the powers and o^ciai duties, 
duties of officers, in counties, cities, towns, elec¬ 
tion or school districts; 

Changing the law of descent or succession ; Desceiv. 

Regulating the practice or jurisdiction of, or cen ts and judi- 
changing the rules of evidence in any judiciaF'‘'^^’‘'‘''®^‘’"'°*'* 
proceeding or inquiry before courts, justices of 
the peace, sheriffs, commissioners, arbitrators or 
other tribunals, or providing or changing 
methods for the collection of debts, or the en¬ 
forcing of judgments, or prescribing the effect of 
judicial sales of real estate ; 

Regulating the fees, or extending the powers Fees and dulie« 
and duties of aldermen, justices of the peace, magifStS! 
magistrates or constables ; 

Regulating the management of public schools. Publicscuro-s. 
the building or repairing of school houses, and 
the raising of money for such purposes ; 

Fixing the rate of interest ; interest. 

Affecting the estates of minors, or |)ersons un- Minors, 
der disability ; 


Kcrilittiiig fines. 


Kxeinptions. 

Ilegulating la¬ 
bor. 


Removing disa¬ 
bilities. 

Kxtending time. 


Validating in- 
stiuments. 


Fnnunoning jti- 
ries. 

Limitations. 

Tneorporating 

oinpanies. 


Special law pro¬ 
hibited when 
general law ap¬ 
plicable. 


I'nbl’cation for 
thirty days be¬ 
fore special bill 
introdnced. 


Austin, the Seat 
of (lovernment. 


Reniittiiig lines, ueiialties and I'orleil ures, and 
refunding inoneys legally paid into the treasury ; 

Exempting property from taxation ; 

Regulating labor, trade, mining and manufac¬ 
turing ; 

Declaring any named ])erson of age ; 

Extending the time for the assessment oi- col¬ 
lection of taxes, or otherwise relh^vdng any as¬ 
sessor or collector of taxes from the due ])er- 
formance of his official duties, oi* his securities 
fi'om liability ; 

Giving effect to infoiinal oi- invalid wills or 
deeds ; 

Summoning or impanneling grand or ])pfit 
juries ; 

For limitation of civil or criminal actions : 

For incorporating railroads or othei* woi'k of 
internal improvements ; 

And in all other eases where a general law can 
be made applicable, no local or s])ecial law shall 
])e enacted ; provided, that nothing herein con¬ 
tained shall be construed to prohibit the Legis- 
tnre from passing s])ecial laws foi* tin' presei'va- 
tion of the game and fish of this State in (*ertain 
localities. 

Skc. 57. !No local or special law shall be jjassed, 
unless notice of the intention to apply therefor 
shall have been ])ublished in the locality whei*e 
tlie matter or thing to be atfected ma}' la^ sit¬ 
uated, which notice shall state the substance of 
the contemplated law, and shall bi^ ])nl)lished at 
least thirty days prior to tlie introduction into 
the Legislature of such bill and in the maiinei* to 
be provided by law. The evidence of such notiev 
having been iiublished shall be exhibited in the, 
Legislatuie before such act shall be jiassed. 

Sec. 58. The Legislature shall hold its sessions 
at the city of Anstiji, whi(‘h is hm-eby doclarod 
to be the Spat of (foAan-nmpiit. 


ARTICLE TV. 


H.XKC'rTI VK DKPAliTM KN^I'. 


L TJie executive depai-lmeiit of tlie'^ he* exfcutive 
State shall consist of a governor, who shall 
tlie chief executive officer of the State, a. lieuten- 
aut-goveriior, secretary of State, coun)tro]ler of 
])iu)lic accounts, treasurer, commissioner of the i"issiouer of 
gemual land office and attorney general. 


land office, attor 
nev ireneral. 


Sk('. 2. All the above oflicers of the executiv O Election, exce|it 
department (except secretary of state) shall be^tate!‘‘'^' 
elected b}^ the qualified voters of the State at the 
tim(‘ and places of elecdioii for members of the 
f jeii:islature. 

Sec. 2). The itdiirns of every election for saidi'-' • ction rcturMi 

,• rr> ,♦1 .I*' 'TTi to bo delivered t<^ 

<‘xecutiv(‘ onicers, until otherwise provided by s^e.nuer. 
law, shall be made out, sealed iij) and trans¬ 
mitted by th(‘ returning officers prescribed liy 
law, to the seat of government, directed to the 
secretaiy of state, who shall deliver the same to 
the speaker of the house of re])resentatives, as 
soon as the speaker shall be chosen; and the 
said speaker shall, during tfie first week of the 
session of the Legislature, open and publish now to be 
them ill the presence of both houses of thepirb^hcffi 
Legislature. Th(‘ ])erson, voted for at said elec¬ 
tion, having tlie highest number of votes for 
(‘ach of said offices respectively, and being con¬ 
stitutionally eligible, shall be declared by the 
syieaker, under sanction of the Legislature, to 
be elected to said office. But if two or more yhen a tie 
])ersons shall hav(* tlie highest and an equal 
numlier of votes for either of said offices one of 
them shall be immediately chosen to such office 
by joint vote of both houses of the legislature. 

Contested elections for either of said officeswi.encomestej. 
shall b(^ determined by both houses of the fjegis- 
latiiri' in joint session. 


Sec. 4. The governor shall be installed on the fiovemor, wiun 
lirst Tuesday after the organization of the Legis- 
lature, or as soon thereafter as practicable, and 
shall hold his office for the term of two years, ^enn. 


22 


or until liis successor shall be duly installed. 
Qualification. He shall be at least thirty years of age, acitizen 
of the United States, and shall have resided in 
this State at least five years immediately preced¬ 
ing his election. 

Sec. 5. lie shall at stated times, receive as 
compensation for his services an annual salary 
of four thousand dollars and no more, and shall 
have the use and occupation of the governor’s 
mansion, fixtures and furniture. 

sbH.li hold no Sec. G. During the time he holds the office of 
ii^®io‘'pro‘fes-“‘'’goven^ he shall not hold any other office, civil, 
nof;em•®^SvLd^^ditary, or corporate; nor shall he practice any 
for any service professioii, and reccivc compensation, reward, 
lee, or the promise thereof lor the same; nor 
receive any salary, reward, or compensation, or 
the promise thereof, from any person or corpor¬ 
ation, for any service rendered or performed 
during tfie time he is governor, or to be there¬ 
after rendered or performed. 

^mmanderin Sec. 7. He sliall be commander-iii-cliief of 
the military forces of the State, except when 
they are called into actual service of the United 
St?' States. He shall have power to call forth the 
militia to execute the laws of the State, to sup¬ 
press insurections, repel invasions, and protect 
the frontier from hostile incursions by Indians 
or other predatory bands. 

governor may, on extraordinary 
occasions, convene the Legislature at the seat of 
government, or at a different place in case that 
should be in possession of the public enemy or in 
case of the prevalence of disease thereat. His 
prcKdamation pioclamatioii tlierefoi* shall state specifically the 
state pur- wliich tile Legislature is convened. 

His message. Q 'ppg goveriioi* shall. at the commence¬ 

ment of each session of the Legislature, and at 
the close of his term of office, give to the Legis¬ 
lature information, by message, of the condition 
He shall recom- of the State ; and he shall recommend to the Leg- 
islature such measures as he may deem expedi- 


«^nt. ^ He shall account to the Legislature for all Account for puf*- 
])ublic moneys received and paid out by him from 
any fund subject to his order, with vouchers; and Return vouchers 
shall accompany his message with a statement 
of the same. And at the commencement of each Present esti- 
regular session, he shall present estimates of theIJi^Xe^rnne, 
amount of mone}^ required to be raised by taxa¬ 
tion for all purposes. 


Spx'. 10. He shall cause the laws to be faith-cause laws to he 
fully executed; and shall conduct, in person, orSuqbusi- 
in such manner as shall be prescribed by law, all ^SelanT^" 
intercourse and business of the State with other United states. 
States and with the Lnited States. 

Se('. 11. In all criminal cases, except treason May-rant 
and impeachment, he shall have power, afterpSons."’ 
conviction, to grant reprieves, commutations of 
punishment and pardons ; and under such rules Eemit rmes, eu.. 
as the Legislature may prescribe, he shall have 
power to remit tines and forfeitures. With 
the advice and consent of the Senate, he may 
grant pardons in cases of treason, and to this end 
he may respite a sentence therefor, until the close 
of the succeeding session of the Legislature; PtoviKo. 
irlded, that in all cases of remissions of fines and 
forfeitures, or grants of reprieve, commutation 
of punishment, or pardon, he shall tile in the 
office of the secretary of state his reasons therefor. 

Sec. 12. All vacancies in State or district Appointments t© 
offices, except members of the Legislature, shalHegStfouT^eian 
be tilled, unless otherwise provided by law, by 
appointment of the governor, which appointment, 
if made during its session, shall be with the ad¬ 
vice and consent of two-thirds of the Senate pres¬ 
ent. If made during the recess of the Senate, the 
said appointee, or some other person to till such 
vacancy, shall be nominated to the Senate during 
the first ten days of its session. If rejected, said 
office shall immediately become vacant, and the 
governor shall, without delay, make further 
nominations, until a continnation takes place. 

Hut should there be no confirmation during the 
session of the Senate, the governor shall not 
tliereafter appoint any person to till such vacancy 


24 


who lias been rejected by the Senate ; but may 
appoint sonn* other ])erson to till the vacancy 
until the next si'ssion of the Senate or until the 
regular election to i'aid oflici*, should it sooiifa* 
occur. Aiipointnients to vacaiicu^s in otfices 
('1(‘ctive ly t'le ])(M)plr shall only continm* until 
the hi'st general election ther^-aiftm'. 

wht^ie cov.^iior Skc. K). Dui iiig th(‘ st'ssioii of the Legislature 
the governor shall reside whei-e its scissions an* 
held, and at all other tinu‘s at the seat of govern¬ 
ment. exeejit wlum by act of the LegislatuiM*. In* 
may b<* lequired or authorized to r(*side «‘lse- 
whei'e. 

ulX<inVtJ"o- Id. Every bill which shall hav(‘ ]!ass.ed 

approval. botli liouscs of tile Li^gislatuie shall lx* ])i-e‘sented 
to the governor for his a])])i()val. If he a])])rov(‘ 
he shall sign it ; but if he disapprove it, he shall 
I'eturn it, with liis objections, to tie* liouse’ in 
which it originated, which house shall enter tin*, 
objections at laigc* U})on its journal, and proceed 
. to 1 ('consider it. Tf aftei- such j-i'considmation, 

luconsKuralh 11. i ^ <• i i 

two-tJiiids 01 tli(‘ iiK inboi's yrvb^vut to 

th(* bill, it shall lx* sent, with tlie objections, to 
th(‘ other hous(*, by which liki'wiM* it shall be 
leconsiden d ; and, if apiprovid by two-thirds of 
the nu mb;(us of tliat house, it shall become a law; 
but in such cas(*s the votes of both houses shall 
be d('l('iniiiud by yeas and nays, and the names 
of tin* memliei's voting for and against tin* bill 
shall b(* ente]-ed on tie* journal of I'ach house 
ies])ectiveiy. If any bill shall not In* rtdurned 
by the governor with his obji'ctions within ten 
days (tSundays exce])ted) aft(‘r it shall havi* Ixhui 
presented to him. the same shall lx* a law. in liki* 
manner as if In* liad signed it, unless tin* Legisla- 
ture, by its adjournment, prevent its rv'turn ; in 
which cas(‘ it shall be a law, unless he shall lile 
the sanu\ with his objections, in the office of 
the secietaiy of stati*, and give notice* tluneof by 
]uiblic ])i‘oclamation within twenty days after 
such adjournment. Tf any bill ])i‘esented to the 
governor contains several items of ap])ro]U‘iation, 
he may object to one or more of such items, and 
a])prove the other ])ortion of the bill. Tn such 


Vote !>>• “yeas 
and nays." 


Not retnined. 
Iiecoiues a law 
after ten days. 


25 

r jsf li(‘ slinl! to tJie bill, at: tinio of 

it. a statoiiuait of tlu‘ itoinn to wliicli lu* 

<)bj(‘(*t[<, and !io item so obj^'ctod to shall tako 
tdb'ct. If tlio Ijogislature be in s(‘ssion be sliall 
transmit to tlie lious(‘ in wliieli the bill originated 
a (‘oj^y ^n(di stat(‘inent. and thi(‘ items objected 
to shall lx* se]xnately considered. If, on recon- 
sidf'ration, one or mon* of such items be a])])roved 
by two-t hiids of the inend^ers ])resent of each 
hous(\ tin* sann^ shall be ])art of th(‘ law, not- 
witl'istanding tht‘ objections of the governor. Tf 
any smdi bill, containing several items of a])])i‘o- 
])riation, not having been ]>r(‘sented to the gov- 
t'lnor ten days (Sundays exce])ted) prior to 
adj(»nrnment, be in tlu' hands of the governor at 
the time of adjournment, he shall have twenty 
days from smdi adjournment within which to 
lih* obj('ctions to any items th(‘re()f and make 
]>roclamation of the same, and smdi item oi- items 
shall not tak(‘ < ife(*t. 

Skc. 15. idany order, ivsoluticm oi* vote to wimt x.i.ep.f<- 
whi(di the concmrence of l)oth houses of theproS/'*'^’’’’' 
Legislatui(* may be necessaiy, except on (pies- 
tions of a.djoni-nment, shall be presented to the*’ 
govei'uor, and. befoi'f* it shall take elTeed, shall 
lx* ap])i(}V(d l)y 1dm; or, being disappioved, 
shall lx* ]-e|'a;<sed l>y both houses; and all tin* 
ini(*s, pi-ovisions and limitations shall a])ply 
lliej(‘loas y^resci'ibed in tin* last ])rec('ding sec¬ 
tion in the case of a bill. 

Sk(’. lb. Tln-'re shall also lx* u lieutenant-gov- 
t'iiior, who shall be chosen at (*very election for umvchosen, 
govei nor by tin* same electors, in tin* same man¬ 
ner, continue in office* the same* time, and possess 
the same* epialitications. The (*h'ctors shall dis¬ 
tinguish foi' vvdiom tln*y vote as governor and foi‘ 
whom as lie*utenant-governor. Tin* lieutenant- 
governoi- shall by virtue of his office be yiresident PresidoLt of 
of the Senate, and shall have*, when in committee 
of the whole, a I'ight to debate and vote on all;y;\7”'‘g . . 
(luestions; and when the Senate is equally divided 
to gi\'(^ tin* casting vote. In case of the death, to givecosCnji 
resignation, removal from office, inability or'°‘‘‘' 
refusal of tin* Governor to seive, or of his iin- 


26 


'»Vhen to act as 
governor. 


Vacancy in office 
of lieutenant- 
governor. 


Conipengation. 


Lieutenant-gov 
ernor or presi- 
•lent of the sen¬ 
ate succeeding 
governor to he 
under same re¬ 
strictions. 


Secretary of 
State to keep 
seal. 


What the seal. 


Commissions to 
he signed and 
sealed. 


or absence from the State, the lieu¬ 
tenant-governor shall exen'ise the powers and 
authority appertaining to the office of governor 
until another be chosen at the periodical elec¬ 
tion, and be duly qualified; or until the governor 
impeached, absent or disabled, shall be acquitted, 
return, or his disability be removed. 

Sec. 17. If, during the vacancy in the office of 
governor, the lieutenant-governor should die, 
resign, refuse to serve, or be removed from office, 
or be unable to serve, or if he shall be impeached 
or absent from the State, tln^ president of the 
Senate, for the time being, sliall, in like manner, 
administer the government until he shall be su¬ 
perseded by a governor or lieutenant-governor. 
The lieutenant-governor shall, while he acts as 
president of the Senate, receive for his services 
the same compensation and mileage which shall 
be allowed to the members of the Senate, and no 
more ; and during the time he administers the 
government, as governor, he shall receive in like 
manner the same compensation which the gov¬ 
ernor would have received had he been employed 
in the duties of his office, and no more. The 
president for the time being, of the Senate, shall, 
during the time he administers the government, 
receive in like manner the same compensation, 
which the governor would have received had he 
been employed in the duties of his office. 

Sec. 18. The lieutenant-governor or president 
of the Senate succeeding to the office of governor, 
shall, during the entire term to which he may 
succeed, be under all the restrictions and inhi¬ 
bitions imposed in this Constitution on the gov¬ 
ernor. 

Sec. 19. There shall be a Seal of the State which 
shall be kept by the secretary of state, and used 
by him officially under the direction of the gov¬ 
ernor. The seal of the State shall be a star of 
five points, encircled by olive and live oak 
branches, and the words, '‘The State of Texas.” 

Sec. 20. All commissions shall be in the name 
and by the authorit}^ of the State of Texas, 


27 


sealed with the State seal, signed by the gov¬ 
ernor and attested by the secretary of state. 


Sec. 21. There shall be a secretary of state, 
who shall be appointed by the governor, by andGoveinortoaiv 
with the advice and consent of the Senate, and 
who shall continue in office during the term of Term of office, 
service of the governor. He shall authenticate Duties, 
the publication of the laws, and keep a fair reg¬ 
ister of all official acts and xn*oceedings of the 
governor, and shall, when required, lay the 
same and all papers, minutes and vouchers 
relative thereto, before the Legislature, or either 
house thereof, and shall perform such other 
duties as may be required of him by law. He shall 
receive for his services an annual salary of two compensation, 
thousand dollars, and no more. 

Sec. 22. The attorney general shall hold his*^^ttorney gen 
office for two years and until his successor is duly Tmii of office, 
qualitied. He shall represent the State in all hJs 
suits and pleas in the Supreme Court of the State 
in which the State may be a party, and shall es¬ 
pecially inquire into the charter rights of all 
private corporations, and from time to time, in 
the name of the State, take such action in the 
courts as may be proper and necessary to pre¬ 
vent any private corporation from exercising any 
po^ver or demanding or collecting any species of 
taxes, tolls, freight or wharfage, not authorized 
by law. He shall, whenever sufficient cause ex¬ 
ists, seek a judicial forfeiture of such charters, 
unless otherwise expressly directed by law, and 
give legal advice in writing to the governor and 
other executive officers, when requested by them, 
and perform such other duties as may be re¬ 
quired by law. He shall reside at the seat 
government during his continuance in office. Hem^nt! 
shall receive for his services an annual salary of 
two thousand dollars, and no more, besides such salary and fees 
fees as may be prescribed by law ; i^romded^ 
the fees which he may receive shall not amount 
to more than two thousand dollars annually. 


Sec. 23. The comptroller of public accounts, comptrouer. 
the treasurer and the commissioner of the general treasurer. 


CoinmissiolUT of Jaiul ofTlCO 
land office. 

Terms of office, 
t^alaries. 

Kesideiiee. 


i(J(l officM' for rli(‘ teini of 
lis successor is qualified : 


1>utit s 


Entitled to no 
penjuisites. 


suaii (‘acu 
two years, and until 
receive an annual salary of two thousand and 
five hundred dollars, and no more ; reside at th(‘ 
ca])ital of the State durin‘>' his continuance in 
office ; and ])erfonn sucli duties as ai'e or may lx* 
I'ccjuired of liini by law. They and tin* secretary 
of State shall not receive to their own use any 
fees, costs or yierquisites of office. All fees that 
may lie payable by law for any service per¬ 
formed by any officer s})ecified in this section, oi* 
in his office, shall b(‘ paid, when received, into 
the State treasury. 


All officers to 
keep a< counts 
and report senii- 
ani uaily under 
t ath. 


(lovernor may 
require infornia- 
lioii from offi¬ 
cers. 


n over nor may 
inspect l)ooks, 
accounts, etc. 


reniilty for false 
reports. 

I’erjuryand re¬ 
in' val from 
fffice. 


Se('. 24. An account shall be ktqit by the offi¬ 
cers of the executive dey^artment, and by all offi¬ 
cers and managers of State institutions, of all 
moneys and choses in action received and dis¬ 
bursed oi* otherwise disyiosed of by them, sevtu*- 
ally, from all sources, and for every service 
y)ei‘formed : and a semi-annual i-e]')orf thereof 
shall be made to tlu' governor under oath. Th(‘ 
goveinor may, at any time, requii'e information 
in writing from any and all of said officers or 
managers, iiyion any subject relating to the 
duties, condition, management and expenses of 
their i-es])ective offices and institutions, which 
information shall be re(]uired by the governor 
under oath, and the goveinor may also inspect 
their books, accounts, vouchei-s and yuiblic 
funds ; and any officer or inanagm* who, at any 
time, shall willfully make a false rey'iort or give 
false information, shall be guilty of yierjury. and 
so adjudged and yiunished accordingly, and 
removed from offici'. 


T.egislatiiie to 
facilitate invefi- 
tigations in ccr 
tain ciiscw. 


Nota’ics publics 
to be appointed. 


8e(\ 20 . The' Legislature shall yiass efficient 
laws facilitating the investigation of breaches of 
trust and duty by all custodians of yiublic funds, 
and yjroviding for their susyiension from office on 
reasonable cause shown, and for the ay^yioint- 
ment of temyiorary incumbents of their offict^s 
during such suspensiou. 

Sec. 2(). The governor, by and with the advice 
and consent of two-thirds of the Senate, shall 


29 


iiy)poi]it a conveiiieiit ininiber of ]iotai‘i(*s ])iiblic 
for eacli county, wlio sliall perforin such duties 
as now ai'c oi' may be prescribed by jaw. 

AR^PICLE V. 

.n OK’lAl. DEPAHTMKAT. 

Sr:c'riOi\ 1. The jiidi(ual power of this State .Indicia 1 depai t- 
shall be vested in one Supreme Court, in a Court The"L'cra! 
of Appeals, in District Courts, in County 
Courts, in Commissioners’ Courts, in Courts of 
Justices of tlie Peace, and in such other courts 
as may be establislied by law. The Legislature 
may establish Criminal District Courts with such criminal comt,- 
jurisdiction as it may yirescribe, but no such 
court shall be established unless the district in- 
eludes a city containing at least thirty thousand 
inhabitants as ascertained by the census of the 
United States or other oflicial census ; proHded, 
such town or city shall support said Criminal 
District Courts when established. The Criminal cnminai comt 
Distri(*t Court of Cxalveston and Harris counties Harris may con- 
shall continue witli the district, jurisdiction and^^"""'’ 
organization now existing by law, until other¬ 
wise pi'ovided by law. 

Sec. 2. The Supreme Court shall c,onsist of asnprenm court, 
chief justice and two associate justices, any two uL^^a^sStes!''’ 
of wliom shall constitute a (piorum, and the con- Qnomm. 
currence of two judges shall be necessaiy to the 
decision of a case. No ]K*rsoii shall be eligible to cuaiincatious. 
the ofhee of chief justice oi* associate justice of 
the Supreme Court unless he be at the time of 
his ele(;tion a citizen of the United States and of 
this State, and unless he shall have attained the 
age of thirty years, and shall have been a prac¬ 
ticing lawyer or a judge of a court in* this State, 
or such lawyer and judge together, at least seven 
years. Said chief justice and associate justices 
shall b(^ elected by the qualilied voters of the 
State a t a general election, shall hold their offices to bo uiocto.i for 
for six years, and shall each leceive an annual 
salaiy of not more than three thousand five hun¬ 
dred* and lifty dollars. In case of a vacancy in 
tlie office of cliief justice or associate justice of 


30 


Governor to fill 
'sracAiicy. 


•.Surisilictiou, 

j^pp^-lluteonly 
frf»m District 
t'ourts. 


T<-riiis of Court. 


Clerks. 

Term of office. 

Clourt may re. 
move clerks. 

Court of Ap¬ 
peals. 

Quorum. 

Tobe elected. 


the Supreme Court, tlie governor shall till tlu^ 
vacancy until the next general election for State 
ofhcei's", and at such general election the vacancy 
for the unexpired term shall be tilled by election 
by the qualified voters of the State. 

Sec. 8 . The Supreme Court shall have appel¬ 
late jurisdiction only, which shall be co-extensive 
with the limits of the State ; but shall only ex¬ 
tend to civil cases of which the District Courts 
have original or appellate jurisdiction. Appeals 
may be allowed from inteiiocutoiy judgments of 
the District Courts, in such cases and under such 
regulations as may be provided by law. The 
Supreme Court and the judges thereof shall have 
power to issue, under such regidations as ma}" 
be prescribed by law, the writ of mandamus and 
all other writs necessary to enforce the jurisdic¬ 
tion of said court. The Supreme Court shall 
have power upon affidavit or otherwise, as by 
th(‘ court may be thought proper, to ascertain 
such matters of fact as may lie necessary to the 
propel- exercise of its jurisdiction. The Supreme 
Couit shall sit for t(ie transaction of business 
from the first Monday in October until the last 
Saturday of June of every year, at the seat of 
government, and at not mor(‘ than two other 
places in the State. 

Sec. 4. The Supreme Court shall appoint a 
clerk for each place at which it may sit, and 
each of said clerks shall give bond in Such man¬ 
ner as is now or may hereafter be required by 
laAv; shall hold his office for four years, and shall 
be sn’bjecr to removal b}^ said court for good 
cause entered of record on the minutes of said 
court. 

Sec. o. The Court of i\pi)eals shall consist of 
three judges, any two of whom may constitute a 
(piornm, and a concurrence of two judges shall 
be necessary to a decision of said court. The}' 
shall bo elected by the qualified voters of tlie 
State at a general election. The}' shall be citi¬ 
zens of the United States and of tliis State; shall 
have arrived at the age of thirty years at the 


QnalificrttioiiH. 


81 


time of election; each shall have been a x)i'acticing 
.'awyer, or a judge of a court in this State, or 
such lawyer and judge together, for at least 
seven years. Said judges shall hold their offices Term of oitice. 
for a term of six years, and each of them shall g^iary. 
receive an annual salar}^ of three thousand five 
hundred and fifty dollars, which shall not be 
increased or diminished during their term of 
office. 

Sec'. G. The Court of Apx:)eals shall have ax)X)el- -^umdictiou. 
late jurisdiction co-extensive with the limits of 
the State in all criminal cases, of whateve? grade, 
and in all civil cases, unless hereafter otherwise 
jn’ovided by law, of which the County Courts 
nave original or appellate jurisdiction. In civil 
cases its opinions shall not be published unless 
the publication of such opinions be required by 
law. The Court of Appeals and the judges 
thereof shall have power to issue the writ of 
habeas corpus^ and under such regulations as 
may be x)rescribed by law, issue such writs as 
may be necessary to enforce its own jurisdiction. 

The Court of Appeals shall have x^ower upon 
affidavits, or otherwise, as by the court may be 
thought proper, to ascertain such matters of fact 
as may be necessary to the exercise of its juris¬ 
diction. The Court of Ax)peals shall sit for the 
transaction of business from the first Monday of 
October until the last Saturday of June of every 
year, at the capital, and at not more than two 
other places in the State, at which the Supreme 
Court shall hold its sessions. The court shall 
appoint a clerk for each place at which it may 
sit, and each of said clerks shall give bond in cuiky. 
such manner as is now or may hereafter be 
required by law; shall hold his office for four 
years, and shall be subiect to removal by the re- 
said court for good cause, entered of record on 
the minutes of said court. 

Sec. 7. The State shall be divided into twenty- Jndidai 
six judicial districts, which may be increased or*"^'^"' 
diminished by the Legislature. For each district 
there shall be elected, by the qualified voters 
thereof, at a general election for members of the 


A jiulge for 
oacli. 

Quiilificationg. 


Shall reside in 
district. 


Term of office. 
Salary. 


Two terms a 
year. 


Si)ecial teno.s hy 
Stmera; act. 


Original jurisdic¬ 
tion. 


Legisliitmv, :i judgo, wlio ix* ar l(*ast 

twenty-five years of agt‘, shall l)e*a citizen of llu^ 
Ihiited States, shall liave b(‘en a practicing aitor- 
ney or a judge of a court in this State tor the 
])eriod of four years, and shall have resided in 
the district in which lie is elected, for two y(“irs 
next before his election; shall reside in Ids district 
during liis term of office; shall hold his otlicf' for 
the term of four years; shall I'eceive an annual 
salary of twenty-live linndrfHl dollars, which 
shall not be incieased or diminished during his 
term of sei vice; and shall hold tlie jf‘gular terms 
of court at one jilace in (Xich county in the dis¬ 
trict twice in <‘ach yeai*. in such manner as may 
be pr(‘scribed by law. The LegislatuiT* shall 
have power by general act to aurhorizt‘ the iiold- 
ing of special terms, wlum mMs^ssary, and to 
provide for holding niort‘ than two terms of the 
court in any county, for the dispatch of busi¬ 
ness; and shall provide for th(‘holding of District 
(lourts when the judge thereof is absent, or is 
from any (*aus(* disabled oi* dis(pialifi(‘d from 
])residing. 

Se('. 8. The District ('onrt shall have original 
jiirisdii'tion in criminal cases of the grade of 
feloin^; of all suits in behalf of the State to 
recover ])enalties, forfeitures and escheats ; of all 
(‘ases of divorce; in cases of misdemeanors 
involving official misconduct; of all suits to 
1 ‘ecover damages for slander or defamation of 
idiaracter ; of all suits for the trial of title to 
land ; and for tlie enforcement of liens thereon : 
of all suits for tiial of right to property levied 
on by virtue of any writ of execution,* seques¬ 
tration or attachment, wlien the ])roperty levied 
on shall b(^ equal to or exceed in value live hun¬ 
dred dollars; and of all suits, conqdaints, or 
])leas whatever, without regard to any distinc¬ 
tion between law and equity, when r}n‘ matter 
in controversy shall be valued at, oi* amount 
to live hundred dollars exclusive of interest: a.nd 
the said courts and the judges thereof shall 
have power to issui' writs of habeas corpus m 
felony cases, tnaudamas, injunction, certiorari, 
and all writs ne(‘essary to mifonx' theii* jurisdic- 


tioii. Ili 0 District Courts slitill luivc cippolliitc Appellate ainj 
jurisdiction and general control in probate mat- control 
ters over the County Court established in each 
(‘ounty for appointing guardians, granting letters 
testamentary and of administration, for settling 
the accounts of executors, administrators and 
guardians, and for the transaction of business 
appertaining to estates ; and original jurisdiction original and 
and general control over executors, administra- 
tors, guardians and minors, under such regula¬ 
tions as may be prescribed by the Legislature. 

All cases now pending in the Supreme Court, of 
which the Court of Appeals has appellate juris 
diction under the provisions of this Article, shall, 
as soon as practicable after the establishment of 
said Court of Appeals, be certified, and the 
records transmitted to the Court of Appeals, and Transivis ti> 
shall be decided by such Court of Appeals as if 
the same had been originally appealed to such 
court. 

Sec. 9. There shall be a clerk for the District cierk of Dwtricr 
Court of each county, who shall be elected by EieJted for two 
the qualified voters for the State and county 
officers, and who shall hold his office for two 
years, subject to removal by information, or by Maybeieinove.r^ 
indictment of a grand jury, and conviction by a 
petit jury. In case of vacancy the judge of the Judge mayfiu 
District Court shall have the power to appoint a 
clerk, who shall hold until the office can be filled 
by election. 

Se(^ 10. In the trial of all causes in the District 
Courts, the plaintiff or defendant shall, upon ^ 
application made in open court, have the right of 
trial by jury; but no jury shall be empanneled 
in any civil case Tinless demanded by a partj to Jury tube de- 
the case, and a jury fee be paid by the party 
demanding a jury, for such sum, and with such 
exceptions as may be prescribed by the Legisla¬ 
ture. 

Sec. 11. ]Mo judge shall sit in any case wherein Judges iuter- 
lie may be interested, or where either of the par- 
ties may be connected with him by affinity or 
consanguinity, within sucli degree as may be 

8 * 


34 


ProvNions for 
siioli cases. 


re(]uisite iiiimbei 
tor the trial and 
causes. When a 


.'l>e.-ial julges 

1)V I'OU.SWllt. 


.Titilges may ox 
criitiige (ILstricta 


Bisnualifications 

and vacancies ill o 

inferior courts. 1 1 lit llllci l & 


])rescril)ed by law, or where he shall have been 
counsel in the case. Wlien the Supreme Court, 
or the Appellate Court, or any two of the ineni 
bers of either, shall be thus disqualified to hear 
and determine any case or cases in said court, the 
same shall be certified to the governor ()f the 
State, who shall immediately commission the 

of persons learned in the law. 
determination of said cause or 
judge of the District Court is 
disqualified by any of the causes above stated, 
the parties may, b}' consent, appoint a proper 
person to try said case; or, upon thei? failing to 
do so, a competent person may be appointed to 
try the same in the county where it is pending, 
in such manner as may be prescribed bv law. 
And the district judges may exchange districts, 
or hold courts for each other, when they may 
deem it expedient, and shall do so when directed 
by law. The disqualification of judges of inferior 
shall be remedied, and vacancies in 
tlieii’ offices shall be filled, as prescribed by law. 


.Tuilge.s, coiiserv- SKC. 12. All judges of the Supreme Court. 

Court of Appeals and District Coui-ts shall, by 
virtue of their offices, be conservators of tlie 
5tvi*peace throughout the State. The style of all 
Avrits and process shall be “ The State of Texas.*' 
!>ro«ecntion.s by All prosecutioiis sliall be carried on in the name 
tf.«.state. and by the authority of ‘‘The State of Texas,’* 
and conclude “against the peace and dignity of 
the State." 


Se(\ 13. Urand and petit juries in the Distrhd 
Courts shall be composed of twelve men; but nine 
members of a grand jury shall be a (ptoruni to 
transact business and present bills. In trials of 
civil cases, and in trials of criminal cases below 
Nir.ejuiors may the grade of feloiiy in the District Courts, nine 
iii.t, members ot the jury, concurring, may render a 

verdict, but when the verdict shall be rendered 
by less than the whole number, it shall be signed 
by eveiy member of the jury concurring in it. 
When, pending the trial of any case, one or 
more jurors not exceeding three, may die, or be 
disaliled from sitting, the remainder of the jury 


.}iirit‘3, graud 
and petit. 
Twelve men. 

Quorum. 


sliiill have the ])ower to render the verdict; 

vided, that tlie Legislature may change or modify Legislature may 

tlie rule authorizing less than the Avhole number 

of the jur}^ to render a verdict. 

Sec. 14. The Judicial Districts in this State Judicial districts 
and the time of holding the courts therein are SL!TmTmay 
fixed by ordinance forming part of this Consti- 
tution, until otliei-wise provided by law. 

Sec. lo. There shall be established in eacli co.mty comt. 
county in this State a County Court, which shall 
be a court of record ; and there shall be elected to 

in each county, by the qualified voters, a county 
judge, who shall be well informed in tlie law of 
the State; shall be a conservator of the peace, 
and shall hold his office for two years, and until 'Urm ot office, 
his successor shall be elected and qualified. He 
shall receive as a compensation for his services ami penini- 
such fees and ])erquisites as ma}' be prescribed 
b}^ law. 

Se(’. 10. The County Court shall have original ?ionpn!scriS^^ 
jurisditdion in all niisdemeanors, of which exclu¬ 
sive original jurisdiction is not given to the 
Justice’s Court,, as the same are now or may be 
hereafter prescribed by law, and when the fine 
to be imposed shall exceed two hundred dollars; 
and they shall have exclusive original jurisdic¬ 
tion in all civil cases when the matter in contro¬ 
versy shall exceed in value two hundred dollars, 
and not exceed live hundred dollars, exclusive of 
interest; and concurrent jurisdiction with the 
District Courts, when the matter in controversy 
shall exceed five hundr^l and not exceed one 
thousand dollars, exclusive of interest, but shall 
not liave juiisdiction of suits for the recovery of Appellate 
land. They shall have appellate jurisdiction in 
cases, civil and criminal, of Avhich Justice's 
Courts have original jurisdiction, but of such 
civil cases only when the judgment of the court 
apj)ealed from, shall exceed twenty dollars, 
exclusive of costs, under such regulations as 
may prescribed by law. In all appeals from 
Justice’s Courts, there shall be a trial de novo in 
the County Court, and when the judgment ren- 


36 


Triiil liiiiil,Avhen, 


When appeal 
*J lowed. 


Have the gen¬ 
eral jurisdiction 
of Probate 
Courts. 


Mandamus. 

Injunctions. 


Habeas corpus. 


Nocriiuiual ju¬ 
risdiction 
where tliere i.s a 
Criminal Court. 


Apprals from 
Triminal Courts 
to Court of Ap- 
l«al.s. 


When county 
judge disquali¬ 
fied District 
Court has origi 
ual juri.sdiction 


dered or line imposed by the County Court shall 
not exceed one hundred dollars such trial shall 
be linal; but if the judgment rendered or tine im¬ 
posed shall exceed one hundred dollars, as well 
as in all cases, civil and criminal, of which the 
County Court has excl usive or concurrent original 
jurisdiction, an appeal shall lie to the Court of 
Appeals, under such regulations as may be 
prescribed by law. The County Courts sliall 
have the general jurisdiction of a Probate Court. 
They sliall probate wills, appoint guardians of 
minors, idiots, lunatics, persons non conijx)^^ men- 
tfs, and common drunkards, grant letters 
testamentary and of administration, settle ac¬ 
counts of executors, administrators and guar¬ 
dians, transact all business appertaining to the 
estates of deceased persons, minors, idiots, luna¬ 
tics, persons non eorn^yos mentis^ and common 
drunkards, including the settlement, partition 
and distribution of estates of deceased persons, 
and to apprentice minors as provided by law. 
And the County Courts, or judges thereof, shall 
have power to issue writs of mandamus, injunc¬ 
tion, and all other writs necessary to the enforce¬ 
ment of the jurisdiction of said courts; and to 
issue writs of habeas corpus in cases where the 
offense charged is within the jurisdiction of the 
County Court, or any other court or tribunal 
inferior to said court. The County Court shall 
not liave criminal jurisdicticn in any county 
where there is a Criminal District Court, unless 
expressly conferred by law; and in such counties 
appeals from Justice’s Courts and other inferior 
courts and tribunals, in criminal cases shall be 
to the Criminal District Courts under such regu¬ 
lations as may be prescribed by law, and in all 
such cases an appeal shall lie from such District 
Courts to the Court of Appeals. Any case pend¬ 
ing in the County Court, which the county judge 
may be disqualified to try, shall be transferred 
to the District Court of the same county for 
trial; and where there exists any cause disquali¬ 
fying the county judge for the trial of a cause of 
.which the County Court lias jurisdiction, the 
• District Court of such county shall have original 
jurisdiction of such cause. 


Skc. 17. Tile County Court shall hold a term xonns for mm- 
for civil business at least once in every two 
niontlis, and shall dispose of probate business, ^vomilubT' 
either in term time or vacation as may be riro- 
vided by law ; and said court shall hold a term 
for criminal business once in every month as 
may be provided by law. Prosecutions may be Prosecutions, 
commenced in said court by information filed by 
the county attorney, or by affidavit, as may be 
])rovided by law. (fraud juiies empanneled inr rococdings of 
the district Courts shall impiire into niisde- 
meanors, and all indictments therefor returned 
into the District Courts shall forthwith be*certi¬ 
fied to the County Courts or other inferior 
courts, having jurisdiction to try them for trial ; 
and if such indictment be quashed in the County, i ixlictment 
or other inferior court, the yierson charged, shall A^Sed not 
not be dischaiged if there is probable cause of 
guilt, but ma}" be held by such court or magis¬ 
trate to answer an infoimation or affidavit. A 
jury in the County Court shall consist of six any of six. 
men ; but no jury shall be empanneled to try a 
civil case, unless demanded by one of the parti eS, In civil cusejniy 

h i n 1 . j* . 1 X* • n d«'niniidcd and 

o snail pay sucli jury fee therefor, in advance, feoimid. 
as may be ])rescribed by law, unless he makes 
affidavit that he is unable to pay the same. 


Eacli organized county in 


existing, shall be divided from 


Sec. 18. 

now or hereafter 
time to time, for the convenience of the people 
into precincts, not less than four and not more 
than eight. The present County Courts shall 
make the first division. Subsequent divisions 
shall be made by the Commissioners’ (^ourt, pro¬ 
vided for by tills Constitution. In each such 
precinct there sliall be elected at each biennial 
election, one justice of the peace and one consta- 
])le, each of whom shall hold his office for two 
years and until his successor shall be elected and 
qualified ; xyrovided^ that in any precinct in 
which there may be a city of eight thousand or 
more inhabitants, there shall be elected two jus¬ 
tices of the peace. Each county shall in like 
manner be divided into four commissioners’ pre¬ 
cincts, in each of which there shall be elected b}^ 
the qualified voters thereof one county commis- 


the State .fustice precinrts 
not loss than 
four nor more 
than eight in 
each county. 


Commissioner#* 
Court to (liridv 
county. 

One justice for 
each. 

Term, two years. 


Two justices ia 
cities of 8,0C0. 


Four cemmis- 
sioners’ pre¬ 
cincts, each to 
elect H commi#- 
sioner. 


38 


Tmii.txvoyoar?. sioiiei', wlio sliall liolcl liis officer for two years and 
until his successor shall be elected and qualified. 
Tlie county commissioners so chosen, with the 
county judge, as presiding officer, shall compose 
<5o]nmistiioner»i’ the County Commissioners’ Court, which shall 
exercise such j^owers and jurisdiction over all 
county business, ns is conferred by this Consti¬ 
tution and the laws of this State, or as may be 
hereafter prescribed. 

Criminal juris- Sec. 19. Justices of the peace shall have juris- 
diction in criminal matters of all cases where the 
penalty or line to be imposed by law may not be 
more than for two hundred dollars, and in civil 
matters of all cases where the amount in contro¬ 
versy is two hundred dollars or less, exclusive of 
interest, of which exclusive original jurisdiction 
is not given to the District or County Courts; 
and such other jurisdiction, criminal and civil, 
as may be ])rovicled by law, under such regula 
Appeals to Conn-tions US iiiay he prescribed by law ; and appeals 
Courts. County Courts shall be allowed in all cases 

decided in Justices’ Courts where the judgment 
is for more than twenty dollars exclusive of costs, 
and in all criminal cases ; under such regulations 
as may be prescribed by law. And the justices 
Justices ex- of the peace shall be ex-officio notaries public ; 

and they shall hold their* courts at such times 
and places as may be provided by law. 

^nnty clerk to Sec. 20. There shall be elected for each county, 
eiecte. qualified voters, a county clerk, who shall 

Term.twoyears.hold his office for two yeai’s, wlio shall be clerk 
of the Coilnty and Commissioners’ Courts and 
Duties. recorder of the county, whose duties, perquisites 
perquisites and office sliall be presciubed by the Leg- 

vacancy. isluture, uiid a vacancy in whose office shall b^e 
filled by the Commissioners’ Court, until the 
In counties of next general election for county and State officers; 
dS of county ill couiities having a population 
?iwk^nia"^e tliaii eight thousand persons there may be 

^VforSi by an election of a single clerk, who shall perform 
the duties of district and county clerks. 

e«unty attorney. Sec. 21. A couiity attoriiey, for counties in 
which there is not a resident criminal district 


89 


attorney, sliall be elected by the qualiiied voters 
of each county, who shall be commissioned by 
the governor, and hold his office for the term of 
two years. In case of vacancy, the Commission- v^^camy. 
ers’ Court of the county shall have power to 
appoint a county attorney until the next general 
election. The county attorneys shall represent Duties, 
the State in all cases in the district and inferior 
courts in their respective counties ; but if any 
county shall be included in a district in which 
there shall be a district attorney, the respective 
duties of district attorneys and county attorneys 
sliall in such counties be regulated by the Legis¬ 
lature. The Legislature may jirovide for the 
election of district attorneys in such districts as District 
may be deemed necessary, and make provision . 
for the compensation of district attorneys, and 
county attorneys; proX)icled, district attorneys 
shall receive an annual salary of five hundredsaury$ 500 . 
dollars, to be paid by tlie State, and such fees, 
commissions and perquisites as may be provided 
})y law. County attorneys shall receive as com- 
pensation only such fees, commissions and per-neys, fees an.i 
quisites as may be prescribed by law. perqumt^^s. 

Sec. 22 . The Legislature shall have power, by Jurisdiction -t 
local or general law, to increase, diminish or 
change the civil and criminal jurisdiction of 
County Courts; and in cases of any such change 
of jurisdiction the Legislature shall also conform 
the jurisdiction of the other courts to such 
(‘hange. 

Sec. 28. There shall be elected by the qualified 
voters of each county a sheriff, who shall hold 
his office for the term of two years, whose duties Term, tvroy«aiH. 
and perquisites, and fees of office, shall be pre¬ 
scribed by the Legislature, and vacancies in vacancr. 
whose office shall be filled by the Commissioners’ 

Court until the next general election for county 
or State officers. 

Sec. 24. County judges, county attorneys, 
clerks of the District and County Courts, 
fices ot the peace, constables, and other countj^ncyB, oifrk«.jw- 
officers, may be removed by the judges of the 


40 


Auaoti;orco«nty District Coiirts for iiiconipetency, official niis- 
.o#Hcer8. conduct. Ijabitual drunkenness, or other causes 
defined by Jaw. upon the cause tlierefor being* 
set fortli in writing, and tlie finding of its truth 
by a jury. 

suj>remo conrt Sec. 2o. Tlie Su])renie Court sliallJiavepower 
to make rules and regulations for the govei-n- 
c.nirtsr nient of said coui t. and the other courts of the 
State, to regulate proceedings and expedite the 
dispatch of business therein. 

>..,ipp-aiin Sec. 20. The State shall have no i-ight of 
appeal in criminal cases. 

Transfer of casM Sec. 27. Tile Legislature shall, at its first ses- 
sion, provide for the transfer of all business, civil 
tions. criminal, pending in District Courts, over 

which jurisdiction is given by this Constitution 
to the County Courts, or other inferior courts, 
to such County or interior courts, and for the 
trial or disposition of all such causes by such 
County or otlier iid'erior courts. 


"V aciiiicies to l»e 
1 le 1 by gov ¬ 
ernor. 


Sec. 28.. Vacancies in the office of judges in 
the Supreme Court, of the Court of Appeals, 
and District Court, shall be filled by the gov- 
enior until the next succeeding general election ; 
and vacancies in the office of county judge, and 
justices of the peace, shall be filled by the Com¬ 
missioners’ Court, until the next general election 
for such offices. 


ARTICLE VI. 


SrEFUAGE. 

Section 1. The following classes of ])ersons 
shall not be allowed to vote in this State, to-wit: 

First—Persons under twenty-one years of age. 

Second—Idiots and lunatics. 

Third—All paupers supported by any county. 

Fourth^All persons convicted of any felony, 
subject to such exceptions as the LegislatuVe 
may make. 

Fifth—xVll soldiers, marines and seamen, em- 


41 


T>Tovecl ill tile service of the army or navy of the 
United States. 


Sk(’. 2. Every male person subject to none of VottM’u I lec- 
tlie foregoing disqualifications, who shall have^“'"' 
attained the age of twenty-one years, and who 
shall be a citizen of the United States, and wjio 
shall have resided in this State one year next 
preceding an election, and the last six months 
within the district or county in which he offers 
to vote, shall be deemed a qualified elector; and 
every male person of foreign birth,subject to none Foreignft-i. 
of the foregoing disqualifications, who, at aii}^ 
time before an election, shall have declared his Decia.ationot 
intention to become a citizen of the United States 
in accordance with the federal naturalization laws, 
and shall have resided in this State one year next one 

preceding such election, and the last six monthsco!,nt,v six 
in the comity in which he offers to vote, shall 
also be deemed a qualified elector; and all elec- 
toi's shall vote in the election precinct of their 
; provided, that electors living in any 
unorganized county, may vote at any election 
precinct in the county to which such county is 
attached for judicial purposes. 


Sec'. ?). All qualified electors of the State, as in 
herein described, who shall have resided foi* 
months immediately preceding an election within 
the limits of any city or corporate town, shall 
liave the right to vote for mayor and all other 
elective officers ; but in all elections to determine 
expenditure of moftey or assumption of debt, 
only those shall be qualified to vote who pay when must be 
taxes on property in said city or incorporated 
town ; provided, that no poll tax for the pa^mient 
of debts thus incurred shall be levied upon the 
pei'sons debarred from voting in relation thereto. 

Sec. 4. In all elections by the people the 
vote shall be by ballot, and the Legislature 
shall provide for\he numbering of tickets and 
inake such other regulations as may be necessary 
to detect and punish fraud and preserve the 
purity of the ballot box; but no law shall ever be 


42 


.No legiMiMioii. (Mulcted rec]Hiring a I'egi^tratioii of tlio voters 
of this State. 

Voters iirivi- Sko. o. \ otoi's sliall, 111 all eases, except trea- 
io^H‘'o>nar- feloiiy oi* breacli of the y)eaee, be privileged 

from arrest during their attendance at elections, 
and ingoing to and returning therefrom. 

articlp: \ it. 


Ki)(’c.\'riox—aaiE muiLK’ FitEE schools. 

Public schools to Sectiox 1 . A general dilfusion of knowledge 
bo (^siabhshed. essential to the preservation of the liber¬ 

ties and rights of the peo})le, it shall be tlie duty 
of th(i Legislature of the State to establish and 
make suitable provision for the support and 
maintenance of an efficient system of yniblic fi'ee 
schools. 

.School fund, SEC. 2. All funds, lands and other ])roperty 
whatcoubdtutos. set apart and appropriated for tlie sup¬ 

port of public schools; all the alternate sections 
of land reserved by the State out of grants here¬ 
tofore made or that may hereafter be made to 
railroads, or other corporations, of any nature 
whatsoever; one-half of the public domain of the 
State; and all sums of money that may come to 
the State from the sale of any portion of the 
same, shall constitute a perpetual school fund. 

One fourth of ^ Tlicrc sluillbe set apart annually not 

revenue. , eiiti^ i 

more than one-tourth of the general revenue of 
Poll lux. j-p 0 State, and a poll tax of one dollar on all 
male inhabitants in this State between the ages 
of twenty-one and sixty years, for the benefit of 
the ])ublic free schools. 


* Lunds to be sold. 


No relief for pur¬ 
chasers of. 
Proceeds to b > 
invested. 


Sec. 4. The land herein set apart to the public 
free school fund shall be sold under such regula¬ 
tions, at such times and on such terms as may 
be prescribed b}^ law; and the Legislature shall 
not have power to grant any relief to the purclias- 
ers thereof. The comptroller shall invest the 
proceeds of such sales, and of those lieretofore 
made, as may be directed by tlie Boaid of Kdu- 


43 


cation jierein provided for, in the bonds of this 
State, if the same can be obtained, otherwise in in what. 
United States bonds; and the United States 
bonds now belonging to said fund shall likewise 
be invested in State bonds, if the same can be 
obtained on terms advantageous to the school * 
fund. 

Sec. 5. The principal of all bonds and other Principal pmna- 
funds, and the principal arising from the sale of 
the lands hereinbefore set apart for said school 
fund, shall be the permanent school fund; and 
all the interest derivable therefrom and the taxes 
herein authorized and levied shall be the availa-i,^twestoniy 
ble school fund, which shall be applied annually 
to the support of the public free schools. And 
no law shall ever be enacted appropriating auj^naiienabio tor 
part of the permanent or available school fund other purposes, 

any other purpose whatever; nor shall the same 
or any part thereof ever be appropriated to or 
used for the support of any sectarian school; sectarian schools 
and the available school fund herein provided 
shall be distributed to the several counties accord- ' 
ing to their scholastic population and applied in school fund,hovT 
manner as may be provided by law. distributed. 

Sec. G. All lands heretofore or hereafter county school 
granted to the several counties of this State for 
education or schools, are of right the property 
of said counties respectively to which they were 
granted, and title thereto is vested in said 
counties, and no adverse possession or limitation no statute of 
shall ever be available against the title of any 
county. Each county may sell or dispose of its May bo gold, 
lands in whole or in part, in manner to be pro¬ 
vided by the Commissioners’ Court of the 
county. Actual settlers residing on said lands 
shall be protected in the prior right of purohas-prior rights of 
ing the same to the extent of their settlement, 
not to exceed one hundred and sixty acres, at. 
the price fixed by said court, which price shall 
not include the value of existing improvements 
made thereon by such settlers. Said lands and 
the proceeds thereof, when sold, shall be held by 
said counties alone as a trust for the benefit of 
public scliools therein ; said proceeds to be in- 


44 


vrococfisto b(> vested in bonds of the State of Texas, or of the 
United States, and only the interest thereon to 
be used and expended annnally. 

inipartiHi pfovi- Spxx 7. Separate schools shall be provided for 
the white and colored children, and impartial 
provision shall be made for both. 

Beard ofeduca- Sec. 8. Tlio govemoi’, coiiiptroller and secre- 
tary of state shall constitute a Board of pdnea- 
tion, who shall distribute said funds to the 
several comities and perform such other duties 
concerning public schools as may be prescribed 
by law. 

ASYLUMS. 


Lands boiongiiig Sec. 9. x^ll laiids lieretofoi'c graiitcd for the 
toasvjun.s. benefit of the Lunatic, Blind, Deaf and Dumb, 
and Orphan Asylums, together with such dona¬ 
tions as may have been or may hereafter be 
made to either of them, respectively, as indi¬ 
cated in the several grants, are hereby set apart 
May bo sold and to provide a permanent fund for the support, 
maintenance and improvement of said asylums. 
And the Legislature may provide for the sale 
of the lands and investment of the proceeds in 
manner as provided for the sale and investment 
of school lands in section 4 of this Article. 

rXIVETlSITY. 

JJ.»«cni^vor8ity Sec. 10 . The Legislature shall, as soon as 
itsS^nd practicable, establisli, organize and provide for 
innds. maintenance, support and direction of a uni¬ 

versity of the first class, to be located by a vote of 
the people of this State, and styled The Uni- \ 
versity of Texas,” for the promotion-of litera¬ 
ture, and the arts and sciences, including an 
agricultural and mechanical department. 

Sec. 11 . In order to enable the Legislature to 
perform the duties set forth in the foregoing 
section, it is hereby declared that all lands and 
other property heretofore set apart and appro¬ 
priated for the establishment and maintenance of 
“The University of Texas," together with all the 


45 


])roceeds of sales of the same, lieretofore made 
or hereafter to be made, and all grants, dona¬ 
tions and appropriations that may hereafter be 
made by the State of Texas, or from any other 
source, shall constitute and become a permanent 
university fund. And the same as realized and 
received into the treasury of the State (together Funds, 
with such sums, belonging to the fund, as may 
now be in the treasuiy), shall be invested in 
bonds of the State of Texas, if the same can be 
obtained ; if not, then in United States bonds, 
and the interest accruing thereon shall be subject 
to appropiiation hy the Legislature to accomplish 
the purpose declared in the foregoing section ; 
promdeil^ that one-tenth of the alternate sections 
of the lands granted to railroads, reserved by the 
State, which were set apart and appropriated to 
the establishment of “ The University of Texas,” 
by an act of the Legislature of February 11, 1858, 
entitled ‘L4n act to establish ‘ The University of 
Texas,’ ’’ shall not be included in or ccnstitute a 
part of the permanent university fund. 

Sec. 12. The land herein set apart to the uni-ujiiver.ity 
versity fund shall be sold under such regulations, 
at such times, and on such terms, as may be pro¬ 
vided by law ; and the Legislature shall provide 
for the prompt collection, at maturity, of all 
debts due on account of university lands, hereto¬ 
fore sold, or that may hereafter be sold, and shall 
in neither event have the power to grant relief to purchasers n)t 
tiie purchasers. 

Sec. 18. The Agricultural and Mechanical Col- 
lege of Texas, established by an act of the Legis- 
lature, passed April 17, 1871, located in the 
(bounty of Brazos, is hereby made, and consti¬ 
tuted "a branch of the University of Texas, for 
instruction in agriculture, the mechanic arts and 
the natural sciences connected therewith. And 
the Legislature shall, at its next session, make 
an appropriation, not to exceed forty thousand Ap;jropriat oit« 
dollars, for the construction and completion of 
the buildings and improvements, and for provid¬ 
ing the furniture necessary to put said college in 
immediate and successful operation. 


46 


Erunch Vnivei- Sec'. 14. TliG LegisUiture shall also when 

.ity for colored, pmctlcable, establlsli aiicl provlcle fov tlio 

niaintenance of a College or Branch UniversitA' 
for the instruction of the colored youths of the 
State, to be located by a vote of the people : 
Notiixaudno yroTiided, that no tax shall be levied, and no 
g?!IS"revTnu?i^iC)ney appropriated out of the general revenue, 
either for this purpose or for the establishment 
and erection of the buildings of the University of 
Texas. 


One niiiiiou 15 . Jn additiou to the lands heretofore 

p^opiaXor'*'granted to the University of Texas, there is 
hereby set apart, and appropriated, for the 
endowment, maintenance and support of said 
University and its branches, one million acres of 
the unappropriated public domain of the State, 
to be designated and surveyed as may be pro- 
Tmcstedl''vided by law ; and said lands shall be sold under 
the same regulations, and the proceeds invested 
in the same manner as is provided for the sale 
and investment of the permanent Universit}' 
fund ; and the Legislature shall not have power 
to grant any relief to the purchasers of said lands. 

ARTICLE VIII. 

TAXATION AND liEVEXUE. 

Taxation equal Secitox 1. Taxatioii sliall be equal and uni- 
all property. form. All property in this State, whether owned 
by natural persons or corporations, other than 
municipal, shall be taxed in proportion to its 
value, which shall be ascertained as may be pro¬ 
vided by law. The Legislature may impose a 
Poll tax. poll tax. It may also impose occupation taxes. 
Occupation tax. Potli upoii iiatural persons and upon corpora¬ 
tions, other than municipal, doing any business 
inco.netax. in tliis State. It may also tax incomes of both 
natural persons and corporations, other than 
municipal, except that persons engaged in me¬ 
chanical and agricultural pursuits shall never 
Exception. be required to pay an occupation rax; 

that two hundred and fifty dollars worth of 
household and kitchen furniture, belonging to 
Exemption. fa?!) family in this State, shall be exempt from 


47 


taxation, and provided furtlier that the oceu])a- 

tion tax levied b}" any county, city or town, for 

an}' year, on persons or corporations pursuing’ 

any ]3rofessioii or business, shall not excreed one-limitation upou 

half of the tax levied bA’ the State for the same 

])(‘riod on such profession or business. 

Sk(\ 2. All occupation taxes shall be equal oocinmtion tax 
and uniform upon the same class of subjectsfcwm!""'’'""' 
Avithiii th(' limits of the authority levying' the 
tax; but the Legislature may, by geneial"laws. 
exem])t from taxation public property used for 
public puiqioses; actual places of religious wor-Le-isiatnre nu.r 
ship; places of burial not held foi* private or 
corporate ])rofit; all buildings used exclusively 
and owned by persons or associations of persons 
for school purposes, (and the necessary furniture 
of all schools,) and institutions of purely public 
charity; and all laws exempting ])ro'i)erty from 
Taxation other than the property abov(‘ men-None other, 
tioned, shall be void. 

Sec. 8. Taxes shall be levied and collected byTAxo^, ciiecte.! 
general laws and for ])ublic pur])oses only. ev general lavs. 

Se(‘. 4. The power to tax corporations 'ST 

corporate property shall not be surrendered or ocSorathm 
suspended by act of the Legislature, by any 
contract or grant to which the State sliall be a 
])arty. 


Sec. o. All property of railroad companies, of Railroad taxe^ 
whatever description, lying or being Avithin the 
limits of any city or incor])orated town Avithin 
this State, shall bear its proportionate share of 
municipal taxation, and if any such property 
shall not have been heretofore rendered, the 

T . . 1. , 1 • i ‘ii • 1 •' 1 • i may be collectptl. 

authorities of the cit}^ or toAvn Avithin which it 
lies, shall liave ])OAver to require its rendition, 
and collect the usual municipal tax thereon, as 
on other ])roperty lying Avithin said municipality. 

Sec. 0. No inoneA^ shall lie drawn from the Arpioimations. 

, , . ,, ... . How to be made. 

treasury but in pursuance of specihc appropria¬ 
tions made by hiAv ; nor shall any appropriation 
of money be made fora longer term than two 


48 


Special fumlfi 
not to be bor¬ 
rowed or di¬ 
verted. 

J’enalty. 


llailroad conipa- 
iiien. 

County taxes. 


Kollinfx stock as- 
.-‘essed in gross 
and apportioned 
to counties. 


State tax linnitcd 
to fifty cents. 
County and mu¬ 
nicipal half of 
State tax. 


Exception. 


Taxes not to be 
n leased, exceid 
in i)iiblic calam 

ib*. 


yeai‘:s, except b}' the first Legislature to assemble 
under this Constitution, which may make the 
necessary appropriations to carry on the govern¬ 
ment until the assemblage of the Sixteenth Leg¬ 
islature. 


Sec. 7. The Legislature shall not have power 
to borrow, or in any manner divert from its pur¬ 
pose any special fund that may, or ought to, 
come into the treasury; and shall make it penal 
for any person or persons to borrow, witlihold, 
or in any manner to divert from its purpo.se, any 
special fund, or any part thereof. 

Se(\ 8. All property of railroad companies 
shall be assessed, and the taxes collected in the 
several counties in which said property is sit¬ 
uated, including so much of the roadbed and 
fixtures as shall be in each county. The rolling 
stock may be assessed in gross in the county 
where the principal office of the company is 
located, and the county tax paid upon it shall 
be apportioned by the comptroller, in j)roportioii 
to the distance such road may run through any 
such county, among the several counties through 
Avhich the road passes, as a part of their tax 
assets. 

Sec. 9. The State tax, on property, exclusive 
of the tax necessary to pay the public debt, shall 
never exceed fifty cents on the one hundred 
dollars valuation, and no county, city or town 
shall levy more than one-half of said State tax, 
except for the payment of debts already incurred, 
and for the erection of public buildings, not to 
exceed fifty cents on the one hundred dollars in 
any one year, and except as in this Constitution 
is otherwise provided. 

Sec. 10. The Legislature shall have no power 
to release the inhabitants of, or property in, any 
county, city or town, from the payment of taxes 
levied for State or county purposes, unless in 
case of great public calamity in any such county, 
city or town, when such release may be made by 


49 


11 vote of two-thirds of each liovise of the Legis¬ 
lature. 


Sec. 11. All property, whether owned by per-to bo raid 
sons or corporations, shall be assessed for taxa-prope^tyV^'*^^ 
tion, and the taxes paid in the county where 
situated, but the Legislature may by a t\W)-thirds Legislature u,ay- 
vote, authorize the payment of taxes of non-resi-r"'* 
dents ot counties to be made at the omce of the resiientsof 
comptroller of public accounts. And all lands 
and other property not rendered for taxation by 
the owner thereof shall be assessed at its fan- 
value by the proper officer. 

Sec. 12. All property subject to taxation in, Taxation in un- 
and owned by residents ot unorganized counties, 
shall be assessed and the taxes thereon paid in 
the counties to which such unorganized counties 
shall be attached for judicial purposes; and 
lands lying in and owned by non ihsidents of un¬ 
organized counties, and lands lying in the terri¬ 
tory not laid off into counties, shall be assessed 
and the taxes thereon collected at the office of*" ’ 
the comptroller of the State. 

Sp:c. 13. Provision shall be made by the first collection of 
Legislature for the speedy sale of a sufficient }S%^8pTe^y 
portion of all lands and other property for the"'^*®- 
taxes due thereon, and every year thereafter for 
the sale of all lands and other jiroperty upon 
which the taxes have not been paid, and the 
deed of conveyance to the purchaser for all lands Tax doeas. 
and other property thus sold shall be held to 
vest a good and perfect title in the purchaser 
thereof, subject to be impeached only for actual 
fraud; proikded, that the former owner shall, 
within two years from date of purchasers deed, tsvo years to re- 
have the rig*ht to redeem the land upon the pay¬ 
ment of double the amount of money paid for 
the land. 

Sec. 14. There shall be elected by the qualihed 
electors of each county, at the same time andediortwoyeais„ 
under the same law regulating the election of 
State and county officers, an assessor of taxes, 
who shall hold liis office for two years and until 
his successor is elected and qualified. 

4 


"P'it xeK to be a 
lien. 


Property of ile- 
liiKiuentH maybe 
sold. 


8kc. If). The aiiiiiial assessuierit niadi* ujion 
landed iiroperty shall be a special lien th(‘re()n, 
and all ])ro])erty, both real and x)crsonal, belong¬ 
ing to any delinquent taxpayer, shall be liabl(‘ 
to seizure and sale for the pa 3 nnent of a^l the 
taxes and penalties due l\y su(*h delinquent: 
and sucdi property nia}" be sold for the ])a 3 ’nient 
of the taxes and penalties due by sucdi delin- 
cpient, under sucdi regulations as the Legislature 
may provide. 


?i,oriff to be tax gjx'. 16. Tlio slieiiff of eacdi county' in addi- 
coimctou other duties, shall be the collecdor of 

rncounties hav-taxos tlierof 01 . Eut in counties having ten thou- 
Ifttion collector sand inhabitants, to be deterniined lyv the last 
shall be census of the United States, acollectoi’ 

of taxes shall be elected to hold office for two 
years and until his successor shall be eh'cted 
and qualified. 


pov^erof Le-ia- ^7. Tlie specdficatioii of the objects and 

.lature over sub- , . , in . t • it 

jeets of taxation, subjects of taxatioii shall not deprive the Legis- 
tiire of the power to require other subjects or 
objects to be taxed in such manner as nnyv be 
consistent with the ])rinciples of taxation fixed 
in this Constitution. 


Taxation to be Sec. 18. Tlio Legislature shall provid(‘ foi- 
SSstobeclass-ec|ualizing, as near as nia}^ be, the valuation of 
all property subject to or rendered for taxation, 
(the Count^^ Commissioner's Court to constitute 
a board of ecpialization); and may also providt^ 
for the classification of all lands with reference 
to their value in the several counties. 


ARTICLE IX. 

(’() UNTIES. 

Twitelr Section 1. The Legislature shall have ])ower 

to create counties for the convenience of the 
people, subject to the following provisions : 
umngTnizl'r "" Eirst. Ill tlio territoiy of the State exterior to 
territory. coiiiities HOW oxistiiig, iio new counties shall 

be created with a less area than nine hundred 
square miles, in a square form, unless prtwented 


hj pre-existing boundary lines. Should the 
State lines render this impiacticable in border 
counties, the area may be less. The territory 
referred to may, at aii}^ time, in whole or in pari, 
be divided into counties in advance of popula- 
ulation, and attached, for judicial and land sur¬ 
veying purposes, to the most convenient organ¬ 
ized county or counties. 

Second. Within the territory of any county or New counties 
counties now existing, no new county shall be 
created with a less area than seven hundred 
square miles, nor shall any such county now 
existing be reduced to a less area than seven 
hundred square miles. No new counties shall be 
created so as to appmach nearer than twelve 
miles of the county seat of any county from 
which it may, in whole or in part, be taken. 

Counties of a less area than nine hundred, but of 
seven hundred or more square miles, within 
counties now existing, ma}' be created by a two- 
thirds vote of each house of the Legislature, 
taken by yeas and nays, and entered on the 
journals. Any county now" existing may be 
reduced to an area of not less than seven hun¬ 
dred square miles by a like twu)-thirds vote. 

When any part of a county is stricken off and 
attached to or created into another county, the 
part stricken off shall be holden for and obliged 
to pay its proportion of all the liabilities then 
existing of the county from which it tvas taken, 
in such manner as may be prescribed by law". 

Third. No part of any existing county shall cha'.gingcoun- 
be detached from it and attached to another ex- 
isting county until the proposition for such 
change shall have been submitted, in such man - To be siibmitted 
ner as may be provided by law, to a vote of the*® 
electors of both counties, and shall have received 
a majority of those voting on the question in 
each. 

COUXTY SEATS. 

Sec. 2. The Legislature shall pass laws regu- bounty seats, 
lating the manner of removing county seats, but 
no county seat situated wdthin five miles of the 
geographical centre of the county shall be re¬ 
moved, except by a vote of tw"o-tiiirds of all the 


.52 


Railroads may 
tonnect at Htatc 
line with other 
roads. 


To intersect con¬ 
nect and cross 
other roads, and 
form continuous 
lines. 


Made public 
highways a'd 
TOinmoti caiv 
riers. 

Duty of Legisla¬ 
ture as to rail¬ 
roads. 


To fix maxi¬ 
mum rate.s. 


To keep public 
oftice in this 
State. 


electors voting on the subject. A majority of sucli 
electors, however, voting at such election, may 
remove a county seat from a point more than 
live miles from the geographical centre of the 
county to a point witliin live miles of such cen¬ 
tre, in either case the centre to be determined by 
a certificate from the commissioner of the general 
land office. 

ARTICLE X. 


KAIL ROADS. 


Section 1. Any railroad corporation or asso¬ 
ciation, organized under the law for the purpose, 
shall have the right to construct and operate a 
railroad between any points within this State, 
and to connect at the State line with railroads of 
other States. Every railroad company shall 
have the right, with its road, to intersect, con¬ 
nect with or cross any other railroad ; and shall 
receive and transport each the others passengers, 
tonnage and cars, loaded or empty, without 
delay or discrimination, under such regulations 
as shall be prescribed by law. 

Se('. 2. Railroads heretofore constructed, or 
that may hereafter be constructed in this State, 
are hereby declared public highways, and rail¬ 
road companies common carriers. The Legisla¬ 
ture shall pass laws to correct abuses and pre¬ 
vent unjust discriminatiou and extortion in the 
rates of freight and passenger tariffs on the dif¬ 
ferent railroads in this State ; and shall from time 
to time pass laws establishiiig reasonable maxi¬ 
mum rates of charges for the transportation of 
passengers and freight on said railroads, and 
enforce all such laws by adequate penalties. 


Sec. 8. Every railroad or other corporation, 
organized or doing business in this State under 
tlie laws or authority thereof, shall have and 
maintain a public office or place in this State for 
the transaction of its business, where ti ansfers of 
stock shall be made, and wliere shall be kept, 
for inspection by the stockholders of such corpor¬ 
ations, books, in which shall be recorded the 


amount of capital stock subscribed, the names of 
the owners of the stock, the amounts owned 
by tlieni rf.^pectively, the amount of stock 
paid, and by whom, the transfer of said stock, 
with the date of the transfer, the amount of its 
assets and liabilities, and the names and places of 
residence of its officers. The directors of every Directors to i»oid 
railroad company shall hold one meeting annu- 
all}^ ill this State, public notice of which shall be 
. given thirty days previousl}^, and the president 
or superintendent shall report annuall}^, under To make annual 
oath, to the comptroller or governor, their actSpStyforfau- 
and doings, which report shall include such mat- 
ters relating to railroads as may be prescribed by 
law. The Legislature shall pass laws enforcing 
by suitable penalties the provisions of this 
section. 

Sec. 4. The rolling stock and all other movable Rolling stock to 
proyierty belonging to any railroad company orpLpcrtJ?’*^ 
corporation in this State shall be considered per¬ 
sonal property, and its real and personal prop¬ 
erty, or any jiart thereof, shall be liable to execu- i.iaMe to exea;- 
tion and sale in the same manner as the property 
of individuals : and the Legislature shall pass no 
laws exempting any such property from execu¬ 
tion and sale. 

Sec. 5. JNo railroad or other corporation, or no consoiidatum 
the lessees, purchasers or managers ol any rail- competing Hat*, 
road corporation, shall consolidate the stock, 
property or franchises of such corporation, with, 
or lease or purchase the works or franchises of, 
or in any way control any railroad corporation 
owning or having under its control a parallel or 
competing line ; nor shall any officer of such rail¬ 
road corporation act as an officer, of any other 
railroad corporation owning or having the con¬ 
trol of a parallel or competing line. 

Sec. 6. IN^o railroad company organized under Noco;>so|i(iati 0 i» 
the laws of this State shall consolidate by pri-Toads. 
rate or judicial sale or otherwise with any railroad 
company organized under the laws of any other 
State or of the United States. 


Street railways 
only M’ith local 
eousent. 


Future relief 
conditioned 
upon acceptance 
of constitutional 
provisions. 


Must be con¬ 
structed througl) 
county' seats. 


When. 


Municipal cor¬ 
porations. 


Public building 
and roads to be 
provided. 


Not to become 
stock holders oi 
tuake donations. 


Sec. 7. No law shall be passed by the Legisla¬ 
ture granting the right to construct and operate 
a street railroad within any city, town, or vil¬ 
lage, or upon any public highway, without first 
acquiring the consent of the local authorities 
having control of the street or highway proposed 
to be occupied by such street railroad. 

Sec. 8. No railroad corporation in existence at 
the time of the adoption of this Constitution, 
shall have the benefit of any future legislation, 
except on condition of complete acceptance of 
all the provisions of this Constitution applicable 
to railroads. 

Sec. 9. No railroad hereafter constructed in 
this State shall pass within a distance of three 
miles of any county seat without passing through 
the same, and establishing and maintaining a 
depot therein, unless prevented by natural obsta¬ 
cles, such as streams, hills or mountains; 
ded^ such town or its citizens shall grant the 
right of way through its limits and sufficient 
ground for ordinary depot purposes. 


AKTICLE XT. 

31 r N1CI PA L C O UP O K AT IO X S. 

Section 1. The several counties of this State 
are hereby recognized as legal subdivisions of the 
State. 

' Sec. 2. The construction of jails, court-houses 
and bridges, and the establishment of county 
poor houses and farms, and the laying out, con¬ 
struction and repairing of county roads shall be 
provided for by general laws. 

Sec. 3. No county, city or other municipal 
■ corporation shall hereafter become a subscriber 
to the capital ot any private corporation or 
association, or make any appropriation or dona¬ 
tion to the same, or in anywise loan its credit; 
but this shall not be construed to in any way 


affect any obligation heretofore undertaken piir- 
snant to law. 

Sec. 4. Cities and towns having a popnlation cities of 10,wo 
of ten thousand inliabitants or less, may be char- 
tered alone by general law. They may levy, assess Powers, 
and collect an annual tax to defray the current 
expenses of their local government, but such tax 
shall never exceed, for any one year, one-fourth 
of one per cent., and shall be collectable only in 
current money. And all license and occupation ^e^ted in ourreiit 
tax levied, and all tines, forfeitures, penal ties 
and other dues accruing to cities and towns shall 
be collectable only in current monejr. 

Sec. 5. Cities ha ving more than ten thousand cities opo,o^)(> 
inhabitants may have their charters granted or 
amended by special act of the Legislature, 
may levy, assess and collect such taxes as may 
be authorized by law, but no tax for any pur¬ 
pose shall ever be lawful, for any one year, which 
shall exceed two and one-half per cent, of the limitation 
taxable property of such city; and no debt shall upon creation Of 
ever be created by any city, unless at the same 
time provision be made to assess and collect 
annually a sufficient sum to pay the interest 
thereon and create a sinking fund of at least two 
per cent, thereon. 

Sec. 6. Counties, cities and towns are author- Mnnicipai taxf»- 
ized, in such mode as may now or may hereafter 
be provided by law, to levy, assess and collect 
the taxes necessary to pay the interest and pro¬ 
vide a sinking fund to satisfy any indebtedness 
heretofore legally made and undertaken ; but all 
such taxes shall be assessed and collected sepa- 
I'ately from that levied, assessed and collected 
for current expenses of municipal government; 
and shall when levied specify in the act of levy¬ 
ing the purpose therefor, and such taxes may be 
paid in the coupons, bonds or other indebtedness 
for the payment of which such tax may have 
been levied. 


Sec. 7. All counties and cities bordering onspedai faxatiore 
the coast of the Gulf of Mexico, are hereby Kleakwlfer^’ 


suirl !<Hnitar.v 
■^iiu’noses. 


■Ile''trictioi)s wild 
J imitation. 


Kiiiilient ‘ioiuain 
and coodeniiia- 
tioti. 


StatP aid to Kn 
walls ami dreak- 
waters author- 
iizod. 


Public property, 
liiii!dings, etc. 


<'ity or town 
may be school 
diatrict. 


authorized, Tijion a vote of tvvo-tliirds of tlie tax¬ 
payers therein (to be ascertained as may" be pro¬ 
vided by law) to levy and collect such tax for 
construction of sea walls, breakwaters, or sani- 
taiy ])urposes, a? may be authorized by law, and 
may create a deot for such woi'ks and issue bonds 
in evidence thei’eof. But no debt for any pur- 
])oso shall ever be incurred in any manner by any 
city or ctuinty, unless provision is made at the 
time of creating th(‘ same, for levying and col¬ 
lecting a sufficient tax to jiay the interest thereon 
and provide at least two per cent, as a sinking 
rund ; and the condemnation of the right of way 
for the erection of such works shall be fully pro¬ 
vided for. 

Sec. 8. The counties and cities on the Gulf 
coast b(ung sulvject to calamitous overflows, and 
a very large yuoportion of the general ]*evenue 
being derived from those otherwise ])rosperons 
localities, the Legislature is especially authorized 
to aid by donation of such portion of the y)ublic 
domain as may be deemed proper, and in sncli 
mode as may" be provided by law, the construc¬ 
tion of sea walls, or breakwaters, such aid to be 
propoi-tioned to the extent and value of the 
works constructed, or to be constructed, in any 
locality. 

Sec. 9. The pi‘ 0 ])erty of counties, cities and 
towns owned and held only^ for public? pur])oses, 
such as public builcfings and the sites therefor, 
fire engines and the furniture thereof, and all 
])roperty used, oi- intended for extinguisliing 
fires, public grounds and all other ])roperty devo¬ 
ted exclusively" to the use and benefit of the pub¬ 
lic shall be exempt from forced sale and from 
taxation ; provirh'd, nothing herein shall prevent 
the enforcement of the vendor’s lien, the 
mechanic’s or builder s lien, or other liens now 
existing. 


Sec. l(f The Lc*gislature may constitute any 
city or town a separate and inclependent school 
district. And when the citizens of any city or 
town have a charter, authorizing the city author- 


57 


ities to lovy and collect a tax for tlie su])};)ort specei tax may 
and maintenance of a ])ul)lic institution of learn- 
ing, such tax may hereafter be levied and 
collected, if, at any election held for tliat pur¬ 
pose, two-thirds of the tax-payers of such city or 
town shall vote for such tax. 

ARTICLE XIT. 


Pin VATK COUPOliATloXS. 


Skctiox 1. No ])rivate cor])orations 
created except b}" general laws. 


shall be Private corpora¬ 
tions by general 
laws only. 


Skc. 2 . C-eneral laws shall be enacted ytroviding 
for the creation of private corporations, and shall 
therein ])rovide fully for the adequate protection 
of the public and of the individual stockholders. 


8IOC. 2). The right to authorize and regulate special tvan- 
freights, tolls, wharfage or fares levied and col- nnder legislative 
lected or yiroposed to be levied and collected bj^ 
individuals, companies or cor})orations, for tlie 
use of highways, landings, Avharves, bridges and 
ferries, devoted to public use, has never been 
and shall never be relinquished or abandoned by 
the State, but shall ahvays be under legislative 
control and depend upon legislative authority. 

Sec. 4. Tlie lirst Legislature assembled after 
tlie adoption of this Constitution shall provide a 
mode of procedure by the attoiaiey general aiidneiT 
district or county attorneys, in the name and 
behalf of the State, to prevent and punish the 
demanding and re(*eiving or collection of any 
and‘all charges as freight, wharfage, fares, or 
tolls, for the use of ])ro])erty devoted to the pub¬ 
lic*, unless the same shall have been specially 
authorized by law. 

Sec. 5. All laws granting the right to demand 
and collect freights, fares, tolls or wharfage shall ject to control of 
at all times be subject to amendment, modilica- 
tion or re])eal by the Legislature. 

Sec. (). No corporation shall issue stock or 
bonds exce])t for money paid, labor done orissue.i. 


58 


Fictitious block property actually received, and all fictitious 
increase of stock oi' indebtedness shall be void. 

Vested rights 7. Notliiiig in this article shall be con- 

luotected. gti'ued to divest or affect rights guaranteed l)y 
any existing grant or statute of this State, or of 
the Republic of Texas. 

ARTICLE XTIl. 

Sl>ANTSn AXD .’NIKXrCAX LAND 'ilTI.ES. 

Sectiovt 1. All lines, penalties, forfeitures and 
b'ue'tothe^tatelesclieats, wliicli have heretofore accrued to the 
Republic and State of Texas, under their consti¬ 
tutions and laws, shall accrue to the State under 
Legislature to tliis Coustitutioii; aiid the Legislature shall pro- 
feunts luiV''** ^ method for determining what lands liave 
escheats. beeii forfeited, and for giving effect to escheats; 

and all such rights of forfeiture and escheats to 
Failure to the the State shall Ipso facto, inure to the protection 
LoSi3deri‘‘‘of the innocent holders of junior titles, as provi- 
vided in sections 2, 8 and 4 of this Article. 


Tities issned 2. Aiw chiini of title or right to land in 

heris.isdfMiot lexas, issued prior to the 18th day ot November, 
Sedciou 1885, not duly recorded in tho county Avhere the 
pussessioii, etc. -yya^g situatcd at the time of such record ; or 

not duly archived in the general land office ; or 
not in the actual possession of the grantee 
thereof, or some ])erson claiming under him, 
])rior to the accruing of junior title thereto from 
the sovereignty of the soil, under circumstances 
reasonably calculated to give notice to said junior 
grantee, has never had, and shall not have, stand¬ 
ing or effect against.such junior title, or color of 
title, ac(piired without such or actual notice of 
such prior claim of title or right; and no condi¬ 
tion annexed to sucli grants, not arcliieved, or 
recorded, or occu])ied as aforesaid, has been, or 
ever shall be released or waived, but actual ])er- 
formance of all sucii conditions shall be proved 
by the ])e]son or persons claiming under such 
title or claim of right in order to maintain action 
thereon, and the holder of such junior title, or 
color of title, shall have all the rights of the gov- 


(‘rnnieiit which liav(‘ heretofore existed, or now 
exist, arising from tlie non-performance of all 
such conditions. 

Sec. 8 . Non-])ayment of taxes on any elaim of XoH-piiymeiit of 
title ro land, dated prior to the 18th day of 
vember, 1885, not recorded or archived, as pro¬ 
vided ill section 2, by the person or persons so 
cJaiming, or those under wliom he or they so 
claim, from that date np to the date of the adop¬ 
tion of this Constitution, shall be held to be a 
presumption that tlie right thei'eto has revei tcd presume- 
to the State, and that said claim is a stale de- 
mand, which ])resnmption shall only be rebutted Presumption re- 
by payment of all taxes on said lands, State, 
comity, and cit}^ or town, to be assessed on the 
fair value of such lands by the comptroller, and 
yiaid to him, without commntation or deduction 
for any part of the above period. 

Sec. 4. No claim of title or right to 
which issued prior to the 18th day of November, arcMveai.ere- 
1885, which has not been duly recorded in the 
comity where the land was situated at the time 
of such record, or which has not been duly 
archived in the general land office, shall ever 
hereafter be deposited in the general land office, 
or recorded in this State, or delineated on the 
ma})S, or nsed as evidence in any of the courts of 
this State, and the same are stale claims ; but 
this shall not affect such rights or presumptions 
as arise from actual possession. Ify the words, fected. 

‘‘ duly recorded,” as nsed in sections 2 and 4 of 
this Article, it is meant that such claim of title 
or right to land shall have been recorded in the 
proper office, and that mere errors in the certiti 
cate of registration, or informality, not affecting 
the fairness and good faith of the holder thereof, 

Avith which the record was made, shall not be 
held to vitiate such record. 

Sec. 5. All claims, locations, surveys, 
and titles, of any kind, which are declared null null .and void s » 
and void by the Constitution of the Republic or^"" remum. 
State of Texas, are, and the same shall remain 
forever null and void. 


1)0 


Forgers of liiiitl 
titles. 


Sections 2, 3, 4 
and 5. 

No repeal of 
conditions on 
which grants 
have been 
nuole. 


General land 
office. 


Grants to he reg¬ 
istered in. 


To tie self-sus¬ 
taining 


Genuine land 
certificates re¬ 
vived. 


Flxtended for 
five years. 


Certificates 
hereafter is¬ 
sued to be sur¬ 
veyed within 
five years. 


Se(’. G. The Legislature shall ])ass stringent 
laws for the detection and conviction of all 
forgers of land titles, and may make such appro¬ 
priations of money for that purpose as may be 
necessary. 

Sec. 7. Sections 2, 3, 4 and 5 of this Article, 
shall not be so construed as to set aside tir repeal 
any law or laws of the Republic or State of 
Texas, releasing the claimants of headrights of 
colonists of a league of land, ordess, from com¬ 
pliance witli the conditions on which their grants 
were made. 


ARTICLE XIV. 

UrBLrC LAXD.S AXD LAND OFFICE. 

Section 1. Tiiere shall be one general land 
office in the State, which shall be at the seat of 
government, where all land titles which have 
emanated or may hereafter emanate from the 
State shall be registered, except those titles the 
registration of which may be prohibited by this 
Constitution. It shiill be the duty of the Legis¬ 
lature at the earliest practicable time to make the 
land office self-sustaining, and from time to 
time the Legislature may establish such subordi¬ 
nate offices as may be deemed necessary. 

Sec. 2. All unsatisffed genuine land certiffcates 
barred by section 4, Article 10, of the Constitu¬ 
tion of 1809, by reason of the holders or owners 
thereof failing to have them surveyed and 
returned to the land office by the first day of 
Januar}^, 1875, are hereby revived. All unsatis¬ 
fied genuine land certificates now in existence 
shall be surve^^ed and returned to the general 
land office within five years after the adoption 
of this Constitution, or be forever barred ; and 
all genuine land certificates hereafter issued by 
the State sliall be surveyed and returned to the 
general land office within five years after issu¬ 
ance, or be forever barred ; promded^ that all 
genuine land certificates heretofore or hereafter 
issued shall be located, surveyed or patented. 


61 


only upon vacant and unappropriated public to be located 
domain, and not upon any land titled or equita- 
bly owned under color of title from the sover- 
eignty of the State, evidence of the appropria¬ 
tion of which is on the county records or in the 
general land office ; or when the appropriation 
is evidenced by the occupation of the owner, or 
of some person holding for him. 

Sr:c. 3. The Legislature shall have no power to Restrictions 
grant any of the lands of this State to any rail- 
way company except upon the following restric¬ 
tions and conditions: 

First. Tlmt there shall never be granted co 
any such corporation more than sixteen sections per miie. 
to the mile, and no reservation of any part of theNo reservations, 
public domain for the purpose of satisfying such 
grant shall ever be made. 

Second. That no land certificate shall be is- 
sued to such company until they have equipped, construction of 
constructed and in running order at least ten 
miles of road, and on the failure of such com¬ 
pany to comply with the terms of its charter, or 
to alienate its land at a period to be fixed by law, 
in no event to exceed twelve years from the 
issuance of the patent, all said land shall be for¬ 
feited to the Sttite and become a' portion of the 
public domain, and liable to location and survey. 

The Legislature shall pass general laws only, to General laws 
give effect to the provisions of this section. 

Sec. 4. No certificate for land shall be sold at 
the land office except to actual settlers uponf"om iSd ot- 
the same, and in lots not to exceed one hundred 
and sixty acres. 

Sec. o. All lands heretofore or hereafter 
granted to railway companies, where the charter 
or law of the State required or shall hereafter re¬ 
quire their alienation within a certain period, on Alienation ami 
pain of forfeiture, or is silent on the subject of 
forfeiture, and which lands have not been or 
shall not hereafter be alienated, in conformity 
with the terms of their charters, and the laws 
under which the grants were made, are hereby 
declared forfeited to the State and subject to pre- 


einptioii, location and survey, as other vacant 
lands. All lands heretofore.granted to said rail¬ 
road companies to which no forfeiture was at¬ 
tached, on their failure to alienate, are not in¬ 
cluded in the foregoing clause,but in all such last 
Attorney Gen- named cases it shall be the duty of the atterney 
litd uHenition'general, in every instance where alienations liave 
proceedS^fo made, to inquire into 

tbrfeiiuponnon-the same, and if such alienation has been made 
tompiance. finud of tile liglits of tile State, and is color¬ 
able onl 3 % the real and beneficial interest being 
still in such corporation, to institute legal pro¬ 
ceedings in the county where the seat of govern¬ 
ment is situated to forfeit such lands to the 
State, and if such alienation bo judicially ascer¬ 
tained to be fraudulent and colorable as afore¬ 
said, such lands shall be forfeited to the State 
and become a part of the vacant public domain, 
liable to pre-emption, location and survey. 

160 acres to Sec. G. To cverv licad of a family without a 

beads of families t-i t i 

v'ithout home- homestead there shall be donated one hundred 
Conditions. and sixty acres of public land, upon condition 
that he will select and locate said land, and oc¬ 
cupy the same three years, and pay the office 
fees due thereon. To all single men of eighteen 
me^ron^siml'*"upwards sliall be donated 
eighty acres of public land, upon the terms and 
conditions prescribed for heads of families. 

S^rek^Ld"'' State of Texas hereby- releases to 

the owner or owners of the soil all mines and 
niinei*als that may be on the same, subject to 
taxation as other property. 


ScStarnph-^ Sec. 8. Persons residing between the Nueces 
foTis to comply livcr aiid the Rio Grande, and owning grants for 
of act of Aug. lands which emanated from the government of 
oGiJf acfs"*’ Spain, or that of Mexico, which grants have been 

recognized and validated by the State, by acts of 
the Legislature, approved February U), 1852, 
August 15, 1870, and other acts, and who have 
been prevented from complying with the re¬ 
quirements of said acts by tlie unsettled condi¬ 
tion of the country, shall be allowed until the iirst 
day of January, 1880, to complete their surveys. 


63 


and the plats thereof, and to return their field 
notes to the general land office ; and all claim¬ 
ants failing to do so shall be forever barred ; 
’provided^ nothing in this section shall be so con- p.vvis... 
sti'ued as to validate any titles not already valid, 
or to interfere with the rights of third persons. 

ARTICLE X\^ 


IMPEACHMENT. 


Section L The power of impeachment ^hall 
be vested in the House of Representatives. of Represent x- • 

tived. 

Sec. 2 Impeachment of the governor, lieu- Tried i.y senate, 
tenant governor, attorney general, treasure!*, 
commissioner of the general land office, comp¬ 
troller, and the judges of the Supreme Court, 

Court of Appeals and District Court shall be 
tried by the Senate. 

Sec. 3. \Yhen the Senate is sitting as a Court court of i.n- 
of Impeachment, the senators shall be on oath, oS'of s'enators. 
or affirmation, impartially to try the the party 
impeached, and no person shall be convicted 
without the concurrence of two-thirds of the 
senators present. 

Sec. 4. Judgment in cases of impeachmentTo what judg- 

o II. ■‘■/I* T uieiit shall ox- 

shall extend only to removal from omce, and tend, 
disqualification from holding any office of honor, 
trust, or profit, under this State. A party con- J,Jb]eTto?idai 
victed on impeachment shall also be subject to according to law. 
indictment, trial and punishment, according 
to law. 


Sec. 5. All officers against whom articles 
impeachment may be preferred shall be sus- functions, 
pended from the exercise of the duties of their 
office, during the pendency of such impeach¬ 
ment. The governor may make a provisional 
appointment to fill the vacancy, occasioned bj" 
the suspension of an officer until the decision on 
the impeachment. 

Sec. 6 . Any judge of the District Courts of Dutiktjudges 
the State who is incompetent to discharge the 


may be removed (llltiGS Ot llis offict*, 01' wllO sllclll bO of 

by^npreme partiality, or oppression, or other official mis¬ 
conduct, or whose habits and conduct are such 
as to render him unlit to hold such office, or who 
shall ne«;ligently fail to perform his duties as 
judge, or who shall fail to execute in a reason¬ 
able measure the business in his courts, may be 
removed b}^ the Supreme Court. The Supreme 
Court shall have original jurisdiction to liear 
Supreme Court determine the causes aforesaid when pre- 
Hbaii bear xvi.en. geiited ill wi'itiiig iipoii tile oaths taken before 
some judge of a court of record of not less than 
ten lawyers, practicing in the courts held by 
such judge, and licensed to practice in the Su¬ 
preme Court; said presentment to be founded, 
Re-ubuious. either upon the knowledge of the persons 
making it or upon the written oaths as to the 
facts of creditable witnesses. The Supreme 
Court may issue all needful process and pre¬ 
scribe all needful rules to give effect to this sec¬ 
tion. Causes of this kind shall liave precedence 
and be tried as soon as practicable. 

Trial and r^- Sec. 7. Tlic Legislature shall provide by law 

officers. for the trial and removal from office of all officers 
of this State, the modes for which have not been 
providedin this Constitution. 


ADDRESS. 


Two-thirds of Sec. 8 . The Judges of the Supreme Court, 
address judges Court of Appeals and District Courts, shall be 
easel? removed by the governor on the address of two- 
thirds of each house of the Legislature, for wilful 
neglect of duty, incompetency, habitual drunk¬ 
enness, oppression in office, or other reasonable 
cause which shall not be sufficient ground for 
impeachment; liowei^er^ that the cause 

causesto bemi-or cuusGS foi' wliicli siicli reiiioval shall be 
tere on jour- shall be Stated at length in such address 

and entered on the journals of each house; and 
promdedfurther, that the cause or causes shall 
be notified to the judge so intended to be removed, 
and he shall be admitted to a hearing in liis own 
Accused to be dofeiise before any vote for such address shall 
pass; and in all such cases, the vote shall be 


65 


taken by yeas and nays and entered on the jour- vote by yea« and 
nals of each house respectively. 


ARTICLE XYI. 

GENERAL PROVISIONS. 

Section 1. Members of the Legislature, and official oath pre- 
all officers, before the}^ enter upon the duties 
their offices, shall take the following oath or 

affirmation : “I, (--) do solemnly swear, (or 

affirm), that I will faithfully and impartially 
discharge and perform all the duties incumbent 

upon me as-according to the best of my 

SKill and ability, agreeably to the Constitution 
and laws of the United States and of this State; 
and I do further solemnly swear (or affirm), that 
since the adoption of the Constitution of this 
State, I being a citizen of this State, have not 
lought a duel with deadly weapons, within this 
State nor out of it, nor have I sent or accepted a 
challenge to fight a duel with deadly weapons, 
nor have I acted as second in carrying a chal¬ 
lenge, or aided, advised or assisted any person 
thus offending. And I furthermore solemnly 
swear, (or affirm), that I have not directly, nor 
indirectly paid, offered or promised^ to pay, 
contributed, nor promised to contribute any 
money, or valuable thing, or promised any pub¬ 
lic office or employment, as a reward for the 
giving or withholding a vote at the election at 
which I was elected, (or if the office is one of 
appointment, to secure my appointment.) So 
help me God.” 


Sec. 2. Laws shall be made to exclude fromp eijur^rs, forg- 
office, sei-ving on juries, and from the right of 
suffrage, those who may liave been or shall here 
after be convicted of bribery, perjury, forgery, 
or other high crimes. The privilege of free suf- Fr.e suffrage to 
frage shall be protected by laws regulating elec-^ 
tions and prohibiting under adequate penalties 
all undue influence therein from power, bribery, 
tumult, or other improper practice. 




66 


FineK Kiid costa 
in cases of mis¬ 
demeanor may 
be commuted to 
manual labor. 


Duelling:. 


Bribery in elec¬ 
tions. 


No appropria¬ 
tions for private 
purposes. 


Public e.xpendi- 
tures to bo pub- 
ILshed. 


No paper circu¬ 
lation to be 
issued. 


Work-bouse 
may be estab¬ 
lished. 


Absence on busi¬ 
ness sball not 
forfeit residence 
or work dis¬ 
franchisement. 


Sec. 3. Tlie Legislature sliall make provisions 
whereby persons convicted of misdemeanors and 
committed to the county jails in default of pay¬ 
ment of fines and costs, shall be required to 
discharge such tines and costs bj^ manual labor, 
under such regulations as may be j)rescribed by 
law. 

Sec. 4. Any citizen of this State who shall, 
after the adoption of this Constitution, fight a 
duel with deadly weapons, or send or accept a 
challenge to tight a duel with deadly, weapons, 
either within this State or out of it, or who shall 
act as second, or knowingly assist in any man¬ 
ner those those thus otfending, shall be deprived 
of the right of suffrage, or of holding any office 
of trust or profit under this State. 

Sec. 5. Every person shall be disqualified from 
holding any office of profit, or trust, in this State, 
who shall have been convicted of having given 
or offered a bribe to procure his election or 
appointment. 


Sec. 6. No appropriation for private or indi¬ 
vidual purposes shall be made. A regular state¬ 
ment, under oath, and an account of the receipts- 
and expenditures of all public money shall be 
published annually, in such manner as shall be 
prescribed by law. 

Sec. 7. The Legislature shall, in no case, have 
power to isue “Treasury Warrants,” “Treasury 
Notes,” or paper of any description intended to 
circulate as money. 

Sec. 8. Each county in the State may pro¬ 
vide, in such manner as may be prescribed by 
law, a manual labor poorhonse and farm, for 
taking care of, managing, employing, and sup¬ 
plying the wants of its indigent and poor 
inhabitants. 

Sec. 9. Absence on business of the State, or of 
the United States, shall not forfeit a residence 
once obtained, so as to deprive any one of the 


67 


right of suffrage, or of being elected or appointed 
to any office, under the exceptions contained in 
this Constitution. 

Sec. 10. The Legislature shall provide for officer s’ siilai ies 
deductions from the salaries of public officers lions® 
who may neglect the performance of any duty 
that may be assigned them by law. 

Sec. 11. The legal rate of interest shall not interest limited, 
exceed eight per cent, per annum, in the absence 
of aiw contract as to the rate of interest; and by 
contract parties may agree upon any late not to 
exceed twelve per cent, per annum. All interest 
charged above this last named rate shall be usury to be pun- 
deemed usurious, and the Legislature shall, at^®^‘'‘^* 
its first session, provide appropriate pains and 
penalties to prevent and punish usury. 

Sec. 12. No member of Congress, nor person otncers simii not 
holding or exercising any office of profit or trust, Lellsfatme" 
under the United States, or either of them, or 
under any foreign power, shall be eligible as a 
member of the Legislature, or hold or exercise 
any office of profit or trust under this State. 

Sec. 13. It shall be the duty of the Legislature 
to pass such laws as may be necessary and 
proper to decide differences by arbitration, when 
the parties shall elect that method of trial. 

Sec. 14 All civil officers shall reside within 
the State; and all district or county officers prescribed, 
within their districts or counties, and shall keep 
their offices at such places as may be required by Non-compiiance 
law; and failure to comply with this condition 
shall vacate the office so held. 

Sec. 15. All property, both real and personal, 
of the wife, owned or claimed by her before mar¬ 
riage, and that acquired afterward by gift, devise 
or descent, shall be her separate property ; and 
laws shall be passed more clearly defining the 
rights of the wife, in relation as well to her sepa¬ 
rate property as that held in common with her 
husband*. Laws shall also be passed providing 


68 


Registration of. 


Bank'ng and 
diacountiug 


Office s to per¬ 
form duties 
until successors 
qualify. 


Vested rights 
l)rotecttd. 


J urors. 


Intoxicating 
liquors, concern¬ 
ing sale of. 


Stationery, 
printing, paper, 
fuel etc. to be 
furnished under 
contract. 


Public printing, 
etc. to let out 
to contractors. 


for tlie registration of the wife’s separate prop¬ 
erty. 

Sec. 16. No corporate body shall hereafter be 
created, renewed or extended with banking or 
discounting privileges. 

Sec. 17. All officers within this State shall con¬ 
tinue to perform the duties of their offices until 
their successors shall be duly qualified. 

Sec. 18. The rights of property and of action, 
which have been acquired under the Constitution 
and laws of the Republic and State, shall not be 
divested ; nor shall any rights or actions which 
have been divested, barred, or declared null and 
void by the Constitution of the Republic and 
State, be re-invested, renewed, or reinstated by 
this Constitution ; but the same shall remain pre¬ 
cisely in the situation which they were before 
the adoption of this Constitution, unless other¬ 
wise herein provided ; and provided further, that 
no cause of action heretofore barred shall be 
revived. 

Sec. 19. The Legislature shall prescribe by 
law the qualification of grand and petit jurors. 

Sec. 20. The Legislature shall, at its first ses¬ 
sion, enact a law whereby the qualified voters of 
any county, justice’s precinct, town or city, by a 
majority vote, from time to time, may determine 
whether the sale of intoxicating liquors shall be 
prohibited within the prescribed limits. 

Sec. 21. All stationery, and printing, except 
proclamations and such printing as may be done 
at the Deaf and Dumb Asylum, paper, and fuel 
used in the legislative and other departments of 
the government, except the judicial department, 
shall be furnished, and the printing and binding 
of the laws, journals, and department reports, 
and all other printing and binding, and the re¬ 
pairing and furnishing the halls and rooms used 
for the meetings of the Legislature, and its com¬ 
mittees, shall be performed under contract, to be 



69 


given to the lowest responsible bidder, below 
such maximum price, and under such regulations 
as shall be prescribed by law. No member or Officei-3 not to be 
officer of any department of the government shall ^"y^^^ihomtobe 
be in any way interested in such contracts ; and 
all such contracts shall be subject to the approval 
of the governor, secretar}- of state and comp¬ 
troller. 

Sec. 22. The Legislature shall have the power Fence laws, 
to pass such fence laws, applicable to any subdi¬ 
vision of the State, or counties, as may be needed 
to meet the wants of the people. 

Sec. 28. The Legislature may pass laws for the 
regulation of live stock and the protection of 
stock raisers in the stock raising portion of the 
State, and exemj)t from the operation of such 
laws, other portions, sections, or counties; and 
shall have power to pass general and special laws 
for the inspection of cattle, stock and hides, and 
for the regulation of brands ; provided,, that any 
local law thus passed shall be submitted to the 
freeholders of the section to be affected thereby, 
and approved by them, before it shall go into 
effect. 

Sec. 24. The Legislature shall make provision pubucrosids, 
for laying out and working public roads, for the®*^'' 
building of bridges, and for utilizing fines, for¬ 
feitures, and convict labor to all these purposes, convict labor. 

Sec. 25. That all drawbacks and rebatement of Drawbacks, re- 
insurance, freight, transportation, carriage, 
wharfage, storage, compressing, baling, repair¬ 
ing, or for any other kind of labor or service, of 
or to any cotton, grain, or any other produce or 
article of commerce in this State, paid, or 
allowed, or contracted for, to any common car¬ 
rier, shipper, merchant, commission merchant, 
factor, agent, or middle man of any kind, not 
the true and absolute owner thereof, are forever 
prohibited, and it shall be the duty of the Legis- j^egisiature to 
lature to pass effective laws punishing all persons 
in this State who pay, receive or contract for, or 
respecting the same. 


70 


Homicide. 


Civil action for. 


Vacancies filled 
for uuexpired 
term. 


Current wages 
exempt from 
garnishment. 


Bar re try. 


Duration of 
oflfict s. 


Physicians and 
practice of medi¬ 
cine. 


Board of health 
vital statistics. 


Accounting offi¬ 
cers not to draw 
or pay warrants 
in certain cases. 


How the U. S. 
maj' acquire 
forts, barracks, 

ete. 


Sec. 26. Every person, corporation, or com- 
pan 3 ^ that may commit a homicide, through wil¬ 
ful act, or omission, or gross neglect, shall be 
responsible, in exemplary damages, to the sur¬ 
viving husband, widow, heirs of his or her body, 
or such of them as there may be, without regard 
to any criminal proceeding that may or may not 
be had in relation to the homicide. 

Sec. 27. In all elections to fill vacancies of 
office in this State, it shall be to fill the unex¬ 
pired term only. 

Sec. 28. 'No current wages for personal service, 
shall ever be subject to garnishment. 

Sec.. 29. The Legislature shall provide by law 
for defining and punishing barretry. 

Sec. 30. The duration of all offices TxOt fixed by 
this Constitution shall never exceed two years. 

Sec. 31. The Legislature may pass laws pre- 
sc.ribing the qualifications of practitioners of 
medicine in this State, and to punish persons for 
malpractice, but no preference shall ever be given 
by law to any schools of medicine. 

Sec. 32. The Legislature may provide by law 
for the establishment of a board of health and 
vital statistics, under such rules and regulations 
as it may deem proper. 

Se'c. 33. The accounting officers of this State 
shall neither draw nor pay a warrant upon the 
treasury in favor of an}^ person, for salary or 
compensation as agent, officer or appointee, who 
holds at the same time au}^ other office or position 
of honor, trust, or profit, under this State or the 
United States, except as prescribed in this Consti¬ 
tution. 

Sec. 34. The Legislature shall pass laws au¬ 
thorizing the governor to lease, or sell to the 
government of the United States, a sufficient 
quantity of the public domain of the State neces- 


71 


sary for the erection of forts, barracks, arsenals, 
and military stations, or camps, and for other 
needful military purposes ; and the action of the 
governcr therein shall be subject to the approval 
of the Legislature. 


^ Sec. 35. The Legislature shall, at its lirst ses- r’?' 

sion, pass laws to protect laborers'; on public 
buildings, streets, roads, railroads, canals, and 
other similar public works, against the failure 
of contractors and sub-contractors to pay their 
curresnt wages when due, and to make tlie cor¬ 
poration, company or individual for whose bene- 
111 the work is done responsible for their ulti¬ 
mate payment. 

Sec. 36. The Legislature shall, at its first ses-Teachers i» the 
sion, provide for the payment, or funding, as Revisions for 
they may deem best, of the amounts found to be 
justly due to the teachers in the public schools, 
by the State, for service rendered prior to the first 
day of July, 1873, and for the payment by the 
school districts in the State of amounts justly 
due teachers of public schools by such district 
to January, 1876. 

Sec. 37. Mechanics, artisans and material men, Mechanics lieu, 
of every class, shall have a lien upon the build¬ 
ings and articles made or repaired by them for 
the value of their labor done thereon, or material 
furnished therefor; and the Legislature shall 
provide by law for the speedy and efficient en¬ 
forcement of said liens., 

Sec. 38. The Legislature may, at such fime as commissioner of 
the public interest may require, provide for the hiftor^^ 

office of commisioner of insurance, statistics and 
history, whose term of office, duties and salary 
shall be prescribed by law. 

Sec. 39. The Legislature may, from time toAamoHaisof 
time to time, make appropriations for preserving 
and perpetuating memorials of the history of «»^tues,etc.’ 
Texas, b}^ means of monuments, statues, paint¬ 
ings and documents of historical value. 


72 


Only one civil 
office to be held. 

Exception. 

Bribery. 


Inebriate asy- 
Inin. 


Sp:c. 40. No person shall hold or exercise, at 
the same time, more than one civil office of emol 
nment, except tliat of justice of the peace, 
count}" commissioner, notary public, and post¬ 
master, unless otherwise s])ecial]y provided 
herein. 

Sec. 41. Any person who shall directly or 
indirectly, offer, give, or promise, any money or 
thing of value, testimonial, privilege or personal 
advantage, to any executive or judicial officer or 
member of the Legislature to influence him in 
the performance of any of his public or official 
duties, shall be guilty of bribery, and be pun¬ 
ished in such manner as shall be provided by 
law. And any member of the Legislature, or 
executive or judicial officer who shall solicit, de¬ 
mand or receive, or consent to receive directly, 
or indirectly, for himself, or for another, from 
any company, corporation or person, any money, 
appointment, employment, testimonial, reward, 
thing of value or employment, or of personal 
advantage or promise thereof, for his vote or 
official influence, or for withholding the same, or 
with any understanding, expressed or implied, 
that his vote or official action shall be in any 
way influenced thereby, or who shall solicit, 
demand and receive any such money or other 
advantage, matter or thing aforesaid for another, 
as the consideration of his vote or official influ¬ 
ence, in consideration of the payment or promise 
of such money, advantage, matter or thing to 
another, shall be held guilty of bribery, within 
the meaning of the Constitution, and shall incur 
the disabilities provided for said offenses, with a 
forfeiture of the office they may hold, and such 
other additional punishment as is or shall be 
provided by law. 

Sec. 42. The Legislature may establish an ine¬ 
briate asylum for the cure of drunkenness and 
reform of inebriates. 


Noepeciai relief 43. No mail 01* Set of 111011 sliall ever be 

bills lor exeinp- _ ^ 

tions. exempted, relieved or discharged, from the per¬ 

formance of any public duty or service imposed 


73 


by general law, by an}^ special law. Exemptions 
from the performance of sncli public duty or 
service shall only be made by general law. 

Sec. 44. The Legislature shall prescribe the^:;*"”‘\ treasur- 
duties and provide lor the election by the quail- or**, 
lied voters of each county in this State, of a 
county treasurer and a county surveyor, who 
shall have an office at the county seat, and hold 
their office for two years, and until their suc¬ 
cessors are qualified ; and shall have such com¬ 
pensation as may be provided by law. 

Sec. 45. It shall be the duty of the Legislature to Records of the 
provide for collecting, arranging and safely keep- 
ing such records, rolls, correspondence, and other 
documents, civil and military, relating to the 
history of Texas, as may be now in the posses¬ 
sion of jiarties willing to confide them to the care 
and preservation of the State. 

Sec. 46. The Legislature shall provide by law Mi iua. 
for organizing and disciplining the militia of the 
State, in such manner as they shall deem expe¬ 
dient, not incompatible with the Constitution and 
laws of the United States. 

Sec. 47. Any person who conscientious!}^ scru- conscientioua 
pies to bear arms, shall not be compelled to doKi’iyaSy.’®^ 
so, but shall pay an equivalent for personal ser¬ 
vice. 

Sec. 48. All laws and parts of laws now in La«8 to remain 
force in the State ot Texas, which are not repug¬ 
nant to the Constitution of the United States, or 
to this Constitution, shall continue and remain 
in force as the laws of this State, until they 
expire by their own limitation or shall be amend¬ 
ed or repealed by the Legislature. 


Sec. 49. The Legislature shall have power, 
and it shall be its duty, to protect by law from alS. 
forced sale a certain portion of the personal 
property of all heads of families, and also of 
unmarried adults, male and female. 


74 


llOdlCtitfiUl 

ciiifition. 


Sec. 50. The homestead of a family shall be, 
and is hereby protected from forced sale, for the 
payment of all debts except for the purchase 
money thereof, or a part of such purchase 
money, the taxes due thereon, or for work and 
material used in constructing improvements 
thereon, and in this last case only when the 
work and material are contracted for in writing, 
with the consent of the wife given in the same 
manner as is required in making a sale and con¬ 
veyance of the homestead; nor shall the owner, 
if a married man, sell the homestead without the 
consent of the wife, given in such manner as 
No encumbrance may bc prcsciibed by la w. No mortgage, trust, 
purchase money. deed, or other lien on the homestead shall ever 
be valid, except for the purchase money therefor, 
or improvements made thereon, as hereinbefore, 
provided, whether such mortgage, or trust deed, 
or other lien, shall have been created by the hus- 
fo"^?pTrat^S’*"* band alone, or together with his wife; and all 
pretended sales of the homestead involving any 
condition of defeasance shall be void. 


liens void. 


Homestead de- Sec. 51. Tlic liomesttad, not in a town or city, 
shall consist of not more than two hundred acres 
inthc couutr.T. j^nd, wliich may be in one or more parcels. 
City. with the improvements thereon; the homestead in 

a city, town, or village, shall consist of lot, or 
lots, not to exceed in value live thousand dollars, 
at the time of their designation as the homestead, 
without reference to the value of any improve¬ 
ments thereon; provided^ that the same shall be 
used for the ])urpose of a home, or as a place to 
exercise the calling or business of the head of a 
family; also^ that any temporary rent¬ 

ing of the homestead shall not change the char¬ 
acter of the same, when no other homestead has 
been acquired. 


Homestead. 
How it shall 
descend and 
vest. 


Sec. 52. On the death of the husband or wife, 
or both, the homestead shall descend and vest in 
like manner as other real property of the de¬ 
ceased, and shall be governed by the same laws 
of descent and distribution, but it shall not be 
pa.rtitioned among the heirs of the deceased dur¬ 
ing the lifetime of the surviving husband or 


75 


wife, or so long as the survivor may elect to use 
or occupy the same as a homestead, or so long 
as the guardian of the minor children of the 
deceased may be permitted, under the order of 
the proper court having the jurisdiction, to use 
and occupy the same. 

Sec. 53. That no inconvenience may arise from Declaration 
the adoption of this Constitution, it is declared ce1fancl^vrH^.' 
that all process and writs of all kinds which have 
been or may be issued and not returned or exe¬ 
cuted when this Constitution is adopted, shall 
remain valid, and shall not be in any way 
affected by the adoption of this Constitution. 

Sec. 54. It shall be the duty of the Legisla-in^ugentiuna- 
ture to provide for the custody and maintenance 
of indigent lunatics, at the expense of the State, 
under such regulations and restrictions as the 
Legislature may prescribe. 

Sec. 55. The Legislature may provide annual Pensions^to i)«^ 
pensions, not to exceed one hundred and fifty dol- thrindigent. ^ 
lars per annum, to surviving soldiers or volun¬ 
teers, in the war between Texas and Mexico, 
from the commencement of the revolution in 
1835, until the 1st of January, 1837; and also to 
the surviving signers of the declaration of inde¬ 
pendence of Texas ; and to the surviving widows 
continuing unmarried of such soldiers and sign¬ 
ers ; ]jromdecl, that no such pension be granted 
exceptto those in indigent circumstances,proof of 
which shall be made before the County Court of 
the county where the applicant resides, in such 
manner as may be provided by law. 

Sec. 56. The Legislature shall have no power 
• to appropriate any of the public money for the to be mide. 
establishment and maintenance of a bureau of 
immigration, or for any purpose of bringing im¬ 
migrants to this State. 

Sec. 57. Three millions acres of the public clo-state 
main are hereby appropriated and set apart for land appropri- 
the purpose of erecting a nevv State capitol and 
other necessary public buildings at the seat of 


76 


Amendments to 
Constitution pro- 
Yided for. 


Attestation. 


government, said lands to be sold under the di¬ 
rection of the Ijegislature ; and the Legislaturt^ 
shall pass suitable laws to carry this section 
into effect. 

AETICLE XYII. 

MODE OF AMENDING THE CONSTITUTION OF THIS 
STATE. 

Section 1. The Legislature, at any biennial 
session, by .a vote of two-thirds of all the mem¬ 
bers elected to each House, to be entered by yeas 
and nays on the journals, may propose amend¬ 
ments to the Constitution, to be voted upon by 
the qualified electors for members of the Legis¬ 
lature, which proposed amendments shall be 
duly published once a week for four weeks, com¬ 
mencing at least three months before an election, 
the time of which shall be specified by the Legis¬ 
lature, in one weekly newspaper of each county, 
in which such a newspaper may be published ; 
and it shall be the duty of the several returning 
officers of said election, to open a poll for, and 
make returns to the secretary of state, of the 
number of legal votes cast at said election for and 
againgit said amendments ; and if more than one 
be proposed, then the number of votes cast for 
and against each of them ; and if it shall appear 
from said return, that a majority of the votes cast 
have been cast in favor of any amendment, the 
said amendment so receiving a majority of the 
votes cast, shall become a part of this Constitu¬ 
tion, and proclamation shall be made by the 
governor thereof. 


Done by the delegates of the people of Texas, 
in Convention assembled, in the city of Austin, 
on this, the twenty-fourth day of November, in 
the year of our Lord one thousand eight hundred 
and seventy-five. 

In testimony whereof we hereunto subscribe 
our name our names : 

Edward B. Pickett, 
President of the Convention. 

Leigh Chalmers, 

Secretary of the Convention. 



INDEX TO THE CONSTITUTION. 


A. 

Absence: Art. Sec. Page 

from State, or United States, does not forfeit 

rights.. xvi 9 66 

Accounts; 

to be kept by all officers. iv 24 28 

Accused: 

in criminal prosecutions, rights of guaranteed.... i 10 1.’5 

Address: 

Judges may be removed upon. xv 8 64 

right of secured to the people. i 27 7 

Adjournment: 

none exceeding three days without consent. iii 17 11 

Agricultural ana Mechanical College: 

a branch of the University of Texas. vii 13 45 

Legislature shall make appropriation for. vii 13 45 

Amendments to Constitution: 

how made. xvii 1 76 

Appeal: 

from District Courts to Supreme Court. v 3 30 

none for State in criminal cases. v 26 40 

from Justices’ Courts to County Courts. v 19 38 

Appeals, Court of: 

(See “Courts.”), 

Apportionment: 

representative districts. iii 26 13 

Senatorial districts. iii 26 13 

when to be made. iii 28 13 

by ordinance until census. iii 28 13 

Appropriations: 

none to be made for religious sects, societies or 

institutions.. .17 4 

not to be made for extra compensation. iii 44 16 

must be specific. viii 6 47 

none for more than two years. viii 6 47 

first Legislature may make until Sixteenth. viii 6 48 

none to be made for private purposes. xvi 6 66 

none to be made for immigration. xvi 56 75 

Arbitration: 

shall be provided for by law. xvi 13 67 

Arms: 

right to bear granted. i 23 7 

Legislature to regulate wearing. i 23 7 

persons having conscientious scruples shall not be 

compelled to bear. xvi 47 73 

Arrest: 

Senators and Representatives privileged from. iii 14 10 

voters privileged from, at elections. vi 5 42 

































Assembly and Petition: 

right of guaranteed. 

Assessors of Taxes: 

. Itmshall be elected for eacli county... 
Asylums: 

lands heretofore granted to.. 

Attainder: 

no bill of. 

Attendance: 

on Legislature may be enforced.., 
Attorney General: 

not eligible to Legislature. 

election, term of office and duties 

to be elected.■. 

Austin, city of: 

declared to be seat of government 


Bail : 

and bailable offenses 

Bail: 


B. 


excessive shall not be required.. 

Ballot: 

votes in all elections shall be by. 

shall be numbered. 

Banking and Discounting: 

no corporation shall be chartered with 
Barratry: 

Legislature shall define and punish... 

Bills: 


enacting danse. 

all laws shall be passed by. 

amendments of. 

may be amended, altered, etc. 

must be read on three several 'days. 

free discussion on allowed. 

in case of necessity... 

formalities in passage of required.. 

revenue must originate in House of Representa¬ 
tives. 

defeatea, not again to be considered. 

committee must report on.!. 

must be signed. 

veto of by Governor. 

must contain but one subject.. 

Bills of Attainder: 

shall not be made. 

Bill of Rights: 

Texas, free and independent. .. . 

constitution of United States supreme. 

local self government. 

perpetuity of the union. 

the people the source of political power. 

pledge to republican form of governtnent. 

declaration as to right of government. 

right to form social compacts. 

equal rights—no exclusive privileges. 

no religious tests other than belief in existence of a 
Supreme Being. 


Art. Sec. Page. 


i 

27 

4 

viii 

•' 14' 

49 

vii 

0 

44 

i 

10 

,0 

iii 

10 

10 

iii 

19 

11 

iv 

*22 

27 

iv 

2 

21 

iii 

58 

20 


i 

11 

5 

1 

13 

5 

vi 

4 

41 

vi 

4 

41 

xvi 

16 

68 

xvi 

29 

70 

iii 

29 

13 

iii 

30 

14 

iii 

30 

14 

iii 

31 

14 

iii 

32 

14 

iii 

32 

14 

iii 

32 

H 

iii 

32 

14 

iii 

33 

14 

iii 

34 

IJ 

iii 

37 

15 

iii 

38 

15 

iv ■ 

14 

24 

iii 

35 

14 

i 

10 

0 

i 

1 

3 

i 

1 

3 

i 

1 

3 

i 

1 

O 

i 

2 

O 

i 

2 

3 

1 

2 

3 

i 

3 

3 

i 

3 

3 


i 4 4 












































79 


Bill of Rights: 

no disqvalification from giving evidence. 

oaths and affirmations taken under pains and 

penalties ot perjury. 

worship and support of ministry. 

jjrotection of religious denominations. 

conscience and religion. 

no appropriation for religious sects. 

State property not to be appropriated for religious 

purposes.. 

liberty of speech and the press. 

truth of publication may be given in evidence..,. 

when jury to determine law and facts. 

seizures and searches. 

speedy public trial by jury. 

rights of accused 'guaranteed. 

right to bail. 

Jjaheas corpus never to be suspended. 

excessive bail and punishment. 

courts shall be open. 

remedy by law. 

of jeopardy of life and liberty. 

no second trial after verdict. 

trial by jury inviolate. 

attainder, ex post facto law, etc. 

compensation for property taj^en. 

no imprisonment for debt. 

life, liberty and property to be secured. 

no outlawry or transportation. 

conviction shall not work corruption of blood. 

or forfeiture of estate. 

property of suicides, how descends. 

treason defined. 

two witnesses necessary for conviction. 

or confession in open court. 

keeping and bearing arms. 

Legislature to regulate. 

military subordinate to civil. 

quartering of soldiers. 

perpetuities and monopolies. 

primogeniture and entailments. 

right of assembling and petitioning. 

suspension of laws alone by Legislature. 

“bill of rights’’ excepted out of the general 

powers of government. 

Board of Education: 

Governor, Comptroller and Secretary of State 
constitute. 

Bridges: 

shall 'oe provided by general laws. 

provisions to be made for. 

Bribery: 

to procure appointment or election. 

in offices and officers. 


c. 

Capital, State: 

Austin declared to be the. 

appropriation in land for new.... 


Art. Sec. Page. 


i 

5 

4 


5 

4 


G 

4 


G 

4 


() 

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25 

rr 

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27 

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vii 

8 

44 

xi 

2 

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xvi 

24 

GO 

xvi 

5 

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xvi 

41 

GG 


iii 

58 

20 

xvi 

57 

75 























































80 


C.arrier, Common: 

railroads declared to be. 

drawbacks, rebatements, etc., proliibited.. 

Challenge to fight duel. 

Changing names: 

provided by general law. 

Changing venue: 

power to be vested in the court?. 

regulated by general law. 

Children: 

adoption of.. 

Cities and towns: 

voters in.^. 

(See “ Corporations, Municipal.'’). 

Civil Authority: 

superior to military.. 

Clerks of courts of record: 

ineligible to Legislature. 

Clerks of Supreme Court: 

one for each branch. 

.shall give bond. 

term of office four years., . . . 

may be removed by Supreme (’ourt.[ .. . 

appointed by Supreme Court.'.. 

Clerk of Court of Appeals: 

appointed by court. 

one for each branch. 

shall give bond. 

term of office four years. 

may be rerneved by court. 

Clerks of District Court: 

shall be elected. 

term of office two years. 

may be removed, and how. 

vacancy in. District Judge may fill. 

subject to removal bv information, etc. 

Clerks of County Courts: 

shall be elected. 

terra of office. 

to be clerk of Commissioners’ Courts. 

compensation, perquisites and fees. 

vacancy filled by Commissioners’ Court. 

may be removed by District Court. 

the recorder for the county. 

may be blended with clerk of District Court in 

counties with less than 8000 population . 

Collectors of Taxes: 

sheriffs shall be in counties with population under 

10,000. 

in counties with over 10,000, to be elected. 

term of office. 

Coinmander-in-Chief: 

Governor shall be the. 

Commissions: 

shall be in name of the State. 

how signed, sealed and attested. 

Commissioners, County: 

fo\ir in each county. 

term of office two years. 


Art. 

Sec. Page. 

X 

o 

52 

xvi 


09 

x\ i 

4 

ou 

iii 

oo 

19 

iii 

45 

10 

iii 

50 

19 

iii 

50 

19 

vi 

8 

41 

xi 

1 

54 

i 

24 

7 

iii 

19 

11 

V 

4 

30 

V 

4 

30 

V 

4 

30 

A' 

4 

30 

V 

4 

30 

V 

0 

31 

V 

0 

31 

V 

(> 

31 

V • 

0 

31 

V 

0 

31 

V 

9 

33 

V 

9 

33 

V 

2 

39 

V 

9 

33 

V 

9 

33 

V 

20 

38 

A" 

20 

28 

A" 

20 

38 

V 

20 

38 

V 

20 

38 

V 

24 

39 

A' 

20 

38 

A- 

20 

38 


viii 

10 

50 

viii 

lO 

50 

viii 

10 

50 

iv 


22 

iv 

20 

20 

iv 

20 

27 

V 

18 

37 

A" 

18 

38 












































81 


Commissioners, County: 


Art. Sec. Page. 


county divided into four precincts. 

with County .ludges, compose court. 

have jurisdiction of county affairs. 

(See “Courts, commissioners.”) 

may provide for sale of county school lands. 

Commissioner of General Land Office: 

to be elected. 

term of office and compensation.... . 

Commissioner of Insurance, Statistics and History: 

Legislature may create.. 

Commission Merchants: 

drawbacks, rebaternents, etc., prohibited. 

Common Carriers: 

railroads declared to be. 

drawbacks, rebaternents, etc., prohibited. 

Compensation: 

for property taken for public use. 

of officers, to be provided by Legislature. 

extra not to Vje allowed. 

no appropriation to be made for extra.’ 

no extra to be granted. 

of Governor, $4,000... 

Lieutenant Governor, per diem. 

Secretary of State, $2,000r*,. 

Comptroller of Public Accounts, $2,000.. 

Treasurer, $2,000. 

Commissioner of General Land Office, $2,000. 

Attorney General, $2,000 and fees. 

Judges of Supreme Court, $3,550.‘ 

Judges of Court of Appeals, $3,550. 

Judges of District Courts, $2,500. 

Judges of County Courts, fees.;.. 

District Attorneys, $500 . 

Comptroller of Public Accounts: - 

to be elected. 

term of office and compensation,. 

to invest proceeds of school lands. 

member of Board of Education. 

to apportion among counties tax collected from 

railroads... 

to prepare mileage table of distances. 

impeachment of.... 

Conscience—Liberty of guaranteed. 

Constable: 

to be elected in each justice precinct.. 

term of office, etc.. 

Constitution of United States: 

supremacy of, recognized.. 

Constitution: 

rights of property and rights of action existing not 

affected, not divested, nor revived. 

how amended. 

Contested Elections: 

for executive officers, how determined. 

Contracts: 

For repairing public buildings and property, print¬ 
ing, stationery, etc., to. bC let out tb Icrwest 
bidder.... 


V 

18 

37 

V 

18 

38 

V 

18 

38 

vii 

0 

43 

iv 

2 

21 

iv 

23 

28 

xvi 

38 

71 

xvi 

25 

69 

X 

2 

52 

xvi 

25 

69 

i 

17 

6 

iii 

44 

10 

iii 

44 

16 

iii 

44 

16 

iii^ 

53 

18 

iv' 

5 

22 

iv 

17 

26 

IV 

21 

27 

iv 

23 

28 

iv 

23 

28 

iv 

23 

28 

iv 

22 

27 

v 

2 

29 

v 

5 

.31 

V 

rv 

32 

V 

15 

35 

V 

21 

39 

iv 

2 

21 

iv 

23 

28 

vii 

4 

42 

vii 

8 

44 

viii 

8 

48 

iii 

24 

12 

XV 

2 

63 

i 

60 

4 

V 

18 

37 

V 

18 

37 

i 

1 

3 


xvi 

18 

68 

xvii 

1 

76 

iv 

3 

21 


xvi 21 m 


6 












































8‘i 


Convict Labor: 

utilized on public works, roads, etc. 

Convicts: 

shall not vote. 

Corporations: 

not to be subsidized by State, counties or munici¬ 
pal authorities. 

State, county, city or town, not be stockholders in 

nor lend its credit to.'. 

the power to tax them shall not be surrendered,.., 
Corporations, Municipal: 

the several counties recognized. 

county buildings, institutions, roads, etc., to be 

provided for by general laws. 

shall not aid private corporations.. 

cities and towns of under 10,000 inhabitants may 

not be specially chartered. 

power to tax, and restrictions. . 

taxes to be collected in money only. 

cities and towns of over 10,000 may be specially 

chartered.. 

no tax exceeding per cent... 

restriction upon the creation of debt.. 

counties, cities and towns may levy tax. 

regulations as to taxes. 

counties and cities on Gulf of Mexico may tax to 

construct sea walls, etc. . 

regulations as to such taxes. 

restrictions upon contracting debts. 

counties and cities on Gulf of Mexico may have 

State aid. 

public property of, exemption from forced sale and 

taxation.. 

any city or town may be constituted a separate 

school district.. 

counties may provide “poor houses”. 

Corporations, Private: 

shall be created only by general law... 

general laws shall be passed incorporating. 

franchises granted to, shall be subject to Legisla¬ 
tive control. 

to be under surveillance of Attorney General and 

District Attorneys. 

Legislature to pass laws to prevent abuse of char¬ 
tered powers granted.. . 

freights, fares, tolls, etc., to be under control of 

Legislature. 

stocks or bonds, restrictions upon issue. 

vested rights and existing grants not affected. 

Corruption of Blood: 

no conviction shall work. 

County Clerk~(See “Clerks.”). 

County Courts—(See “Courts.”). 

County Judges:—(See “Courts.”). 

County Attorney: 

shall be elected in county where no District Attor¬ 
ney resides. 

term of office two years. 

vacancy, how filled. 

duties jh’e'scribed. 


Art. 

Sec. Page. 

xri 

24 

G9 

vi 

1 

40 


iii 

51 

18 

iii 

52 

18 

iii 

52 

18 

viii 

4 

47 

xi 

1 

54 

xi 

2 

54 

xi 

:i 

54 

xi 

4 

55 

xi 

4 

55 

xi 

4 

55 

xi 

5 

55 

xi 

5 

55 

xi 

5 

55 

xi 

6 

55 

xi 

0 

55 

xi 

7 

55 

xi 

7 

56 

xi 

7 

56 

xi 

8 

56 

xi 

9 

56 

xi 

10 

56 

xvi 

8 

66 

xii 

1 

57 

xii 

2 

57 

xii 

O 

O 

57 

xii 

4 

57 

xii 

4 

57 

xii 

5 

57 

xii 

0 

57 

xii 

7 

58 

i 

21 

6 

V 

20 

38 

V 

16 

35 

V 

15 

35 


V 

21 

38 

V 

21 

30 

V 

21 

39 

V 

21 

39 


i 









































83 


bounty Occupation Tax: xVrt. Sec. Page. 

one-half of State tax. viii 1 47 

County Poor House: 

Legislature shalPprovkle for construction of. xi 2 54 

County Surveyor; 

duties of to be prescribed by Legislature. xvi 44 73 

term of office two years. xvi 44 73 

County Treasurer; 

duties of to be prescribed by law. xvi 44 ‘ 73 

term of office two years. xvi 44 73 

Counties—(See “Municipal Corporations.*’) 

Legislature empowered to create. ix 1 50 

shall not aid private corporations. xi 2 54 

County Seats: 

removal to be regulated by law. ix 2 51 

Courts: ■ 

shall be open. i 13 G 

(burt. Supreme, and Justices: 

Chief Justice and two Associate Justices. v 2 29 

two a quorum. v 2 29 

qualifications of Justices. v 2 29 

shall be elected. v 2 29 

term of office six years. v 2 29 

salary $3,550. v 2 29 

vacancy. Governor shall fill until. v 2 29 

appellate jurisdiction only. v 3 30 

jurisdiction defined. v 3 30 

appeals from interlocutory judgments. v 3 30 

may issue writs of mandamus, etc. v 3 30 

ascertain matters of jurisdictional fact. v 3 30 

terms of court. v 3 .30 

sessions at Austin and two other places. v 3 30 

shall appoint a clerk for each branch. v 4 30 

shall have power to make rules of practice in all 

courts. V 29 40 

vacancies in shall be filled by Governor. v 28 40 

impeachment of Judges.. xv 2 63 

removal by address. xv 8 64 

may remove District Judges. xv 6 63 

transfer of causes to Court of Appeals. v 8 33 

when Judges disqualified, Governor shall com mis¬ 
sion . V 11 33 

shall be conservators of the peace. v 12 34 

Court of Appeals and Judges: 

consists of three Judges. v 5 30 

two a quorum. v 5 30 

Judges shall be elected. v 5 30 

qualifications. v 5 30 

term of office six years. v 5 31 

salary $3,550. v 5 31 

jurisdiction defined. v 6 31 

opinions in civil cases not to be published. v 6 31 

power to issue writs of habeas corpus . v 6 31 

may ascertain jurisdictional facts. v 6 31 

terms of Court, where held. v 6 31 

shall appoint clerk for each branch. v 6 31 

causes transferred to, from Supreme Court. v 8 33 

when Judges disqualified. Governor shall appoint.. v 11 34 

shill be conservators of the peace. v ‘12 34 

















































84 


Court of Appeals and Judges: 

vacancies filled by Governor. 

impeachment and removal. 

removal by address. 

Courts, District, and Judges: 

original jurisdiction prescribed. 

appellate jurisdiction prescribed. 

may appoint clerk of District Court in case of 

vacancy. .•••;•, . 

jury trial upon application, in civil cases. 

judge shall not sit, if interested... 

or otherwise disqualified. 

jiarties may appoint by consent. 

or competent person may be appointed to try. 

Judges may exchange districts. 

shall be conservators of the peace.. 

twenty-six districts, may be increased or diminished 

Judges elected, term of office. 

qualification of Judges. 

semi-annual terms of court. 

special terms may be authorized. 

terms of, fixed by ordinance. 

may remove county judges, county attorneys, 
county. clerks, district clerks, justices of the 

peace, and other county officers. 

may have original jurisdiction, where County 

Judge disqualified. 

vacancies filled by Governor. 

impeachment and removal. 

removal by address. 

removal by Supreme Court. 

C\ lifts. Criminal District: 

when Legislature may establish. 

Court, C-riminal District, of Harris and Galveston: 

continues as organized until otherwise provided by 

law.. 

Courts, County, and Judges: 

shall be established in each county. 

a court of record. 

a judge to be elected. 

shall be well informed in the law. 

shall be conservator of peace. 

term of office two years. 

compensation—fees and perquisites. 

jurisdiction, original... 

jurisdiction, appellate. 

jurisdiction, probate.. 

issue mandamus, injunctions and other writs ne¬ 
cessary to enforce jurisdiction. 

JFaheas corpus . 

no jurisdiction in county wliere Criminal Court, 

unless authorized. 

when County Judge disqualified. District Court 

may try. 

District Court in such case may have original juris¬ 
diction . 

terms of civil business. 

dispose of probate business in term and vacation.. 

terms for criminal business, monthly..... . 

prosecutions may be by information or affidavit... 


Art. 

Sec. P 

'age. 

V 

28 

40 

XV 

2 

63 

XV 

8 

64 

V 

8 

32 

V 

8 

33 

V 

{) 

33 

V 

to 

33 

V 

11 

33 

V 

11 

33 

V 

11 

34 

V 

11 

34 

V 

11 

34 

V 

12 

34 

V 

7 

31 

V 


31 

V 

7 

32 

V 

i 

32 

V 

7 

32 

V 

14 

35 


V 

24 

39 

V 

16 

36 

V 

28 

40 

XV 

2 

63 

XV 

8 

64 

XV 

6 

64 

V 

1 

29 


V 

1 

29 

V 

15 

35 

V 

15 

35 

V 

15 

35 

V 

15 

35 

V 

15 

35 

V 

15 

35 

V 

15 

35 

V 

16 

35 

V 

16 

36 

A" 

16 

36 

V 

16 

36 

V 

16 

36 

V 

. 16 

36 

V 

16 

36 


16 

36 

V 

17 

37 

V 

17 

37 

V 

17 

37 

V 

17 

37 













































85 


Courts, County, and Judges: 

Grand Jury returning to District Courts indict¬ 
ments for misdemeanors—they shall be trans¬ 
ferred to County or inferior courts. 

jury of six men. 

jury must be demanded in civil cases. 

and jury fee paid. 

County Judge may be removed by District Court.. 
County Judge presiding officer of Commissioner’s 

Court. 

Vacancy in County Judge, how filled. 

Justices of the Peace: 

Justices’ precincts. 

Justices of the Peace elected for each. 

term of office two years. 

two in a city of over 8000 inhabitants. 

jurisdiction, $200 and under. 

appeals from to County Court. 

ex-officio notaries public. 

may be removed by District Court. 

vacancies filled by Commissioners’ Courts. 

County Commissioners: 

four Commissioners’ precincts in each county.... 

one Commissioner elected in each. 

term of office two years. 

administer county affairs.. 

power and jurisdiction to be prescribed... 

Coniinissioners may be removed by District Court. 

fill vacancies in County Judge and Justices. 

(ircdit of the State: 

not to be loaned or given for any private purpose. 
Criminal Prosecutions: 

rights of accused in. 

Cruel and Unusual Punishments. 

never to be inflicted. 


Art. 

Sec. Page. 

V 

17 

87 

V 

17 

37 

V 

17 

87 

V 

17 

36 

V 

24 

80 

V 

18 

87 

V 

18 

37 

V 

28 

40 

V 

18 

37 

V 

18 

87 

V 

18 

37 

V 

18 

37 

V 

10 

38 

V 

10 

38 

V 

10 

38 

V 

24 

30 

V 

28 

40 

V 

18 

37 

V 

18 

87 

V 

18 

38 

\' 

18 

38 

V 

18 

88 

A' 

24 

80 

V 

28 

40 

iii 

50 

17 

i 

10 

5 

i 

18 

5 

i 

18 

5 


Debate: 


j)rivileged 

Debt: 


D 


no imprisonment for... 

Debt—State: 

none to be created, with exception. 

amount limited. 

Department of Government* 

division of. 

Districts: 

Senatorial—State to be divided into... 

Representative—State to divided into. 

Representative—apportionment of State. 

District A-ttorney: 

Legislature to provide for election.... 

compensation not to exceed $500 and fees.... 

District Courts—(see “Courts, District.”). 

District Clerks—(see “Clerks, District.”).. 

District Judges—( see “Courts, District.”).. 

Divorce: . 

granted by District Courts under general laws. ...•.■ 
Division of the poM^rs of government:. 


iii 

21 

12 

i 

18 

G 

iii 

40 

17 

iii 

40 

17 

ii 

1 

8 

iii 

25 

12 

iii 

26 

18 

iii 

26 

18 

V 

21 

30 

V 

21 

80 

V 

r* 

i 

81 

V 

0 

88» 

A' 

rf 

i 

31 

iii 

56 

10 

ii 

1 

8 







































80 


Drawbcacks and llcbateiiients: Art. Sec. Page. 

l)rohibited. xvi 25 09 

Duelling: 

disfranchises the party guilty. xvi 4 60 

E. 

Education and Free Schools: 

Legislature to provide for the maintenance and 

support of public free schools.-. vii 1 42 

jierpetual public school fund defined. vii 2 42 

not exceeding one-fourth of general revenue shall 

be set apart, Avith poll tax of $1 . vii :> 42 

lands set apart shall be sold. ,.... vii 4 42 

no relief shall be granted to purchasers. vii 4 42 

proceeds to be invested in State bonds or United 

States bonds. vii 4 45 

permanent school fund defined. vii 5 45 

interest and taxes authorized, to be available fund vii 5 45 

school fund to he held inviolate.. vii 5 45 

available fund to be distributed to the counties. ... vii 5 45 

county school lands may be sold by Commissioners’ 

Court... vii 0 45 

proceeds to be invested. vii 0 45 

separate schools for white and colored. vii 7 44 

Board of Education. vii 8 44 

Elections: 

laws regulating, shall be passed. xvi 2 05 

undue influence therein, to be prohibited. xvi 2 65 

bribery to secure election, disqualifies. xvi 5 00 

voting to be by ballot. vi 4 41 

regulations to be made to preserve purity in. vi 4 41 

voters privileged from arrest, etc., except, etc.... vi 5 42 

election precincts, voting done only at. vi 2 41 

returns for executive officers. iv 5 21 

contested, for executive officers. iv ;} 21 

in Legislature. hi 41 15 

wee, except Avhen electing officers. iii 41 15 

for Kepresentatives and Senators, to be general.. . iii 27 15 

and regulated by law. iii 27 15 

vacancies iu Legislature. hi 13 10 

returning officers to issue writs of, when. ih 15 10 

contested, to be determined by law. iii 8 9 

Electors: 

Avho are qualified electors. vi 2 41 

who are (pialified electors of cities and towns.,... vi 5 41 

tax-payers only to vote on expenditure of money.. vi 5 41 

declaration of intention by foreigner qualifies. vi 2 41 

must vote at precinct of residence. vi 2 41 

Eminent Domain: 

right of, how to be exercised. i 17 (; 

Entailment: 

no law of, to be passed. i 20 7 

Equality before the law. i 3 3 

Equity and law: 

administered without distinction by District Courts v 8 ;12 

Escheats and Forfeiture: 

accrued under former Constitutions accrue under 

this. xiii 1 58 

Legislature to provide for determining and giving 
effect to escheats. xiii 1 58 







































87 


n 

Estates: ^ ^ Art. Sec. Page. 

administered in County Courts. y 16 86 

Exclusive Privileges: 

none entitled to, but in consideration of public ser¬ 
vice. i 3 8 

Executive Department: 

office of. iv 1 21 

Exemptions and Privileges: 

from performance of duty imposed, shall by gene¬ 
ral law only. xvi 13 73 

Exemptions from Forced Sale: 

Legislature may exempt portion of personal prop¬ 
erty. xvi 49 73 

homestead exemption. xvi 50 74 

current wages exempt from process. xvi 28 70 

municipal property used for public purposes ex¬ 
empts from forced sale and taxes... xi 9 56 

$250 worth of household property exempt from 

taxation..,,. viii 1 46 

Legislature may exempt puldic property. viii 2 47 

Ex post facto Law: 

none shall be made. i. 16 6 

Expulsion: 

members of Legislature may be expelled. iii 11 10 

Extra Compensation; 

not to be granted or allowed. iii 58 18 

no appropriation to be made for. iii 44 16 

Extra Sessions: 

of Legislature, restrictions upon. iii 40 15 

F 

Felony; 

in cases of, District Judges and courts may grant 

writs of habeas corpus . v 8 83 

District Courts have jurisdiction. v 8 32 

trial on indictment of Grand Jury. i 10 5 

Fence Laws: 

Legislature may pass local. xvi 22. 69 

Fines: 

excessive, never to be imposed. i 13 5 

and costs—Legislature shall make laws commu¬ 
ting for manual labor. xvi 3 66 

Legislature to pass laws, utilizing on public roads 

and building bridges. xvi 24 69 

Fiscal Affairs: 

( See “Comptoller of Public Accounts.”) 

Forfeiture of Estate: 

conviction shall not work. i 31 6 

nor suicide. i 21 5 

Forfeiture and Escheat:. xiii 1 58 

Forfeited and Escheated Lands: 

Legislature to make provisions concerning,. iii 1 58 

Forgery: 

Legislature shall make laws disfranchising persons 

convicted of. xvi 2 65 

Forgers of Land Titles; 

laws to be passed for detection and conviction of xiii 6 60 

Forced Sales: 

p'drtion of pei’sonal property may be exempted.... xvi 41) 78 

ho'nieBlcad.. xvi 50 74 






























88 


Forced Sales: 

public property of counties, cities and towns. xvi 

Forts, Barracks, Arsenals, etc.: 

of United States, sale of or lease for. xi 

Franchise of the Citizen: 

to be forfeited on conviction of bribery, forgery, 

perjury, etc. ^'1 

forfeited only by due course of law. ^ 

Franchises granted: 

subject to control of Legislature. i 

granted to corporations, subject to Legislative con¬ 
trol and authority... 

freights, fares, tolls, wharfage, etc., subject to 

Legislative control, or abrogation. xii 


Sec. Page. 

9 56 

84 70 

2 65 

19 6 

17 6 

3 57 

5 57 


G. 


Garnishment : 

Current wages for personal service shall not be gar¬ 
nished . 


General laws only: 

shall be passed in relation to :— 

liens. 

municipal affairs... 

changing names of persons or places. 

changing venue. 

roads, highways, streets and alleys.. 

ferries and bridges, wholly within the State. 

vacating roads, town plats, streets or alleys. 

cemeteries, public grounds, not of the State. 

adoption or legitimation... 

location or change of county seats. 

municipal corporations, amending their charters.. 

elections and voting places. 

divorces. 

municipal offices, elections or school districts. 

descent or succession. 

judicial proceedings, practice or evidence. 

collection of debts. 

enforcing judgments. 

judicial^sales of real estate. 

fees, powers,'duties of aldermen, justices or con¬ 
stables . 

public schools and their support.. 

rate of interest. 

aft'ecting estates of persons under liabilities. 

remitting fines, penalties, forfeitures and refund¬ 
ing money. 

exernpting property from taxation. ;... 

regulation of trade, labor, mining and manufac- 

ing. 

disabilities from minority. 

relief of tax assessors or collectors. 

informal or invalid wills or deeds. 

summoning jurors. 

limitation of actions. 

incorporation of railroads or internal improve¬ 
ment's. 


xvi 

28 

70 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

55 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

19 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 

iii 

56 

20 








































89 


General laws only: 

in all cases where general law can be made 

applicable. 

exemptions from public duty or service. 

taxes levied and collected by. 

private corporations only created by. 

public and stockholders to be protected by. 

General Provisions... 

Governor: 

chief executive officer. 

when to be elected. 

when to be installed. 

term of office two years. . . 

(jualifications. 

compensation, $4,0C0. 

shall hold no other office. 

other inhibitions against. 

commander-in-chief.. 

may call out militia. 

cali extra session of Legislature..... 

advise Legislature by messages. 

account for public money received and paid. 

make and present estimates for taxation. 

cause laws to be executed. 

conduct foreign intercourse. 

grant reprieves and pardons. 

remit fines and forfeitures. 

fill vacancies.. 

where shall reside. 

veto power. 

approve or veto, orders, resolutions, etc. 

sign commissions. 

appoint Secretary of State. 

issue writs of election to fill vacancy in Legislature 

fill vacancies in the Judiciary. 

member of Board of Education. 

impeachment of. 

fill vacancies when officer is suspended by impeach¬ 
ment. 

shall remove judges on address. 

may require from accounting officer information., 

shall appoint notaries public. 

Government, Powers of: 

divided into legislative, executive and judicial_ 

the powers of the one not to be exercised by the 

other. 

Grand and Petit Jurors: 

qualifications of, to be prescribed. 

trial on indictment of a, in felonies. 

in District Court, twelve men... 

nine members a quorum to present bills. 

Guardians and Wards: 

jurisdiction of county court. 

ap'p'ellate and general cbiitrol by District Coatrt... 


Art. 

Sec. Page. 

iii 

50 

2o 

xvi 

48 

73 

viii 

<) 

eJ 

47 

xii 

1 

57 

xii 

2 

57 

xvi,.. 


05 

iv 

1 

31 

iv 

o 

31 

iv 

4 

31 

iv 

4 

31 

iv 

4 

33 

iv 

5 

33 

iv 

0 

33 

iv 

0 

33 

iv 

7 

33 

iv 

7 

33 

iv 

8 

33 

iv 

9 

33 

iv 

9 

38 

iv 

9 

38 

iv 

10 

33 

iv 

10 

38 

iv 

11 

38 

iv 

11 

38 

iv 

13 

28 

iv 

18 

24 

iv 

14 

24 

iv 

15 

25 

iv 

30 

37 

iv 

. 31 

27 

iii 

18 

10 

V 

38 

40 

vii 

8 

44 

XV 

3 

08 

XV 

5 

08 

XV 

8 

04 

iv 

34 

28 

iv 

30 

28 

ii 

1 

8 

ii 

1 

8 

xvi 

19 

08 

i 

10 

5 

V 

18 

34 

V 

13 

34 

V 

10 

30 

V 

8 

88 


\ 


i 













































9 () 


H. 

Habeas Corpus: 

writ of, never to be suspended. 

Legislature to make this remedy speedy aiid 

effectual.... 

Court of Appeals, and Judges thereof, may issue.. 
District Court, and Judges thereof, may issue when 

applicant is charged with felony... 

County Court, and Judges thereof, may issue when 
applicant is charged with offense within juris¬ 
diction. 

Health and Vital Statistics: 


board of, may be established.... xvi 

Highways, railroads declared to be public. ^ 

History of Texas: 

appropriations for preserving memorials of may be 

made. xvi 

records, rolls, and correspondence relating to. 

Legislature to make provision for. xvi 

Homestead: 

is protected from forced sale. xvi 

except for purchase money, taxes and mechanic’s 

lien. xvi 

no other lien can be created thereon. xvi 

pretended .sales, to evade, void. xvi 

not in town or city defined. xvi 

in town, city or village... xvi 

temporary renting not to change character. xvi 

how it descends and vests. xvi 

homestead of 160 acres granted to head of family. xiv 
homestead of 80 acres granted to single men. xiv 

Homicide: 

through willful act, omission, or gross negligence, 
gives right of action in exemplary damages.... xvi 

action in favor of husband, widow and heirs. xvi 

House and Senate: 

provisions common to both:— 

cpialification and election, each the judge. iii 

quorum, two-thirds of each. ' iii 

less may compel attendance. iii 

determine rule^ of proceedings of each;. iii 

may punish members. iii 

expulsion, but not a second, for same offense. iii 

shall keep and publish journal. iii 

yeas and nays, three may demand. iii 

vacancies provided for. iii 

punish persons not members. iii 

open sessions, except Senate in executive. iii 

adjournments not longer than three days. iii 


no adjournment to other place without concur¬ 
rence. iii 

elect their own officers. iii 

members privileged from arrest. iii 

ineligible to other office.. iii 

otlier officers ineligible as members. iii 


Sec. Page. 
12 5 

12 5 

6 


8 J2 


16 36 


32 70 
2 52 


39 71 
45 73 


50 74 

50 74 

50 74 

50 74 

51 74 

51 74 

51 74 

52 74 

6 (52 

6 62 


20 70 
26 70 


8 9 

10 10 

10 10 

11 10 

11 10 
11 10 
12 10 
12 10 
13 10 

15 10 

16 11 

17 11 


17 11 

9 9 

14 10 

18 11 

19 11 






































91 


House and Senate; 

odicers charged with public money ineligible until 

discharged , ... 

privileged in debate. 

personal or private interest to be disclosed, and 

shall not vote... 

removal from district vacates office. 

compensation, per diem and mileage. 

members elected at general election to be regulated 

by law. 

apportionment after each census to be made. 

apportioned by ordinance until next census. 

oath of, prescribed. 

bribery of. 

House of Representatives and Members : 

a branch of the Legislature. 

not less than ninety-three nor more than one hun¬ 
dred and fifty. 

elected for two years from date of election. 

qualifications prescribed. 

shall organize, temporarily and elect speaker. 

to be apportioned, and how. 

after each decennial census. 

appportioned by ordinance until next census. 

revenue billls must originate in. 

power of impeachment vested in. 


Art. 

Sec. Page. 

iii 

20 

11 

iii 

21 

12 

iii 

22 

12 

iii 

20 

12 

iii 

24 

12 

iii 

27 

13 

iii 

2S 

10 

iii 

28 

13 

xvi 

1 

05 

xvi 

41 

72 

iii 

1 

8 

iii 

o 

8 

iii 

4 

9 

iii 

n 

i 

9 

iii 

9 

9 

iii 

2(5 

10 

iii 

28 

13 

iii 

28 

10 

iii 

00 

14 

XV 

1 

00 


I. 

Ineligibility: 

holding office. 

being member of Legislature.. 

duelling. 

conviction of bribery in procuring election. 

defaulting tax collectors and officers. 

members of Congress, etc. 

Infants: 

shall not vote. 

Informations: 

prosecutions may be by, in county court.. 

Injuries: 

remedy for, by due course of law. 

Interest and Usury: 

legal rate established, eight per cent , not to exceed 

twelve, by contract. 

Intoxicating Liquors: 

Legislature authorized to prohibit sale of liy local 

vote. 

Inauguration: 

of Governor when. 

Idiots and Lunatics: 

no appropriation to be made for... 

shall not vote. 


iii 

19 

11 

iii 

18 

11 

xvi 

4 

00 

xvi 

5 

00 

iii 

20 

11 

xvi 

12 

07 

vi 

1 

40 

V 

17 

37 

i 

10 

0 

xvi 

11 

47 


xvi 

20 

08 

iv 

4 

21 

V 

10 

00 

vi 

1 

40 





































92 


Immigration: 

Art. 

Sec. Page. 

no apprijp^q.^tion to be made for. 

xvi 

50 

75 

Impeachment and Address: 

power A'ested in House of llc})resentatives. 

XV 

1 

08 

Avhat officers may be removed by. 

XV 

o 

08 

Senate as a court of. 

XV 

8 

08 

oath af Senators in cases of. 

XV 

8 

08 

concurrence of two-thirds required. 

XV 

f) 

08 

judgment extends only to remoA'al and. 

XV • 

4 

08 

(disqualifications from holding office. 

XV 

4 

08 

articles preferred suspends functions. 

XV 

5 

08 

proAusional appointments bv GoA^ernor. 

XV 

5 

08 

judges of district courts may be remoA^d by 

Supreme Court. 

XV 

0 

04 

judges may be removed bv address.. 

XV 

7 

04 

Imprisonment for Debt: 

no person shall CA'cr suffer. 

i 

18 

0 

Income Tax: 

may be levied. 

viii 

1 

40 

Indebtedness to State, County, etc.: 

no poAver to release.•. 

iii 

55 

18 

by railroads, to be enforced as contracted. 

iii 

54 

18 

no relief to purchasers of UniA^ersity lands. 

vii 

12 

45 

no relief to purchasers of UniA'crsity lands. 

vii 

15 

40 

Indictments and Presentments: 

in libel, jury to determine law and facts. 

i 

8 

5 

bv grand jury in felony. 

beginning and conclusion of. 

i 

10 

5 

A' 

12 

84 

grand jury, nine members may present. 

V 

18 

84 

Inebriate Asylums: 

may be established. 

xvi 

42 

72 

J. 

Jails: 

the construction shall be provided by general hiAv.. 

xi 

O 

54 


Jeopardy: 

of life and liberty.. 

Journals of Legislature: 

eacli House shall keep and publish. . . 

and enter “yeas and nays” when. 

the fact of signing bills shall be entered on. 

J udges—(See “ Courts ”): 

not eligible to Legislature. 

may be impeached. 

may be removed by Governor on address. 

when disqualified. 

District Judges may be removed by Supreme 

Court. 

shall be conservators of peace.. ' 

County Judge shall also be conservator. 

Judicial Department: 

one of the departments of government. 

courts established. 


Ill 

iii 

iii 

iii 

XV 

XV 

V 

XV 

V 
A' 

ii 


14 

12 

12 

88 

10 

2 

8 

n 

0 

12 

15 

1 

1 


10 

10 

15 


11 

on 


G4 

84 

85 

8 

20 






































93 


Juilieial Districts: , Art. Sec. Page. 

tweiity-six, but Legislature may increase or di¬ 
minish .'. V 7 

lixed by ordinance until otherwise provided. v 14 g 5 

Jurisdiction: 

Legislature may alter and change, of courts. v 

Jurors, Grand and Petit: 

qualihcations shall be presciabed. xvi 19 (jy 

Jury, Grand and Petit. 

trial by, shall be inviolate. [ 15 g 

in civil case, in District Gourt. must be demanded v 10 98 

and jury fee paid. v jq 33 

in libel, shall determine the law and facts, . i s 5 

in District Court, composed of twelve. v 18 84 

nine may return verdict. v 13 34 

Legislature may require unanimity. v 18 84 

grand jury of twelve.*. v 13 34 

nine may find indictments. v 18 84 

in County Court, jury of six. v 17 87 

jury must be demanded in civil cases. v 17 37 

must be demanded and paid for. v 17 87 

Justices of the Peace: 

(Sec “Courts.”) 

shall be ex officio notaries public. v 19 38 

may be removed by District Judges. v 24 89 

L. 

Laborers: 

laws for the protection of, shall be enacted.... xvi 85 71 

Land and Land Office: 

one General Land Office. xiv 1 (jO 

titles from State to be registered in. xiv 1 GO 

to be made self-sustaining. xiv 1 GO 

subordinate offices may be established. xiv 1 GO 

genuine land certificates barred by Constitution of 

1869, by failure to locate, revived. xiv 2 60 

land certificates to be located within five years, or 

shall be barred. xiv 2 60 

hereafter issued to be located in five years. xiv 2 GO 

to be located on vacant domain, and not on titled 

land, or land equitably owned. xiv 2 GO 

• grants to railway companies, how made, and con¬ 
ditions . xiv 8 G1 

no land certificates to be sold except to actual set¬ 
tlers, and not exceeding IGO acres. xiv 4 G1 

provisions concerning grants to railway companies 

and the forfeiture thereof. xiv 5 G1 

100 acres granted to head of a family, on con¬ 
ditions. xiv 0 G2 

80 acres granted to single men on same conditions. xiv 0 02 

mines and minerals released by State to owners of 

land. xiv 7 02 

time extended to persons residing between Nueces 
and Kio Grande to complete surveys and plats 
and return to Land Office. xiv 8 02 

































94 


Land Certificates: Art. Sec. Page. 

revived, and time extended for location. xiv 2 60 

sold at Land Office only to actual settlers. xiv 4 61 

hereafter to be located within five years. xiv 2 60 

Law and Equity. v 8 62 

Law of Entailinent. i 26 7 

ex post facto . i 16 6 

Law impairing obligation of contract.■. i 16 6 

Law of primogeniture. i 26 7 

Law retroactive. i 16 6 

Law of the land. i 16, 19 6 

Laws: 

Legislature only may suspend. i 28 7 

not repugnant to this Constitution, to remain in 

force until expired or repealed. xvi 48 76 

first Legislature to provide for revision. iii 46 16 

may be revised every ten years. iii 46 16 

must be passed by bills. iii 60 14 

shall not be amended, revived, etc., by reference to 

title. iii 66 14 

when to take effect. iii 69 15 

enacting clause, “Be it enacted,” etc. iii 29 16 

Governor shall cause to be executed. iv 10 26 

Laws, Local and Special: 

which shall not be passed, enumerated. iii 56 19 

shall not be made, when general law can be made 

applicable. iii 56 19 

exception, preservation of fish and game. iii 56 20 

thirty davs' notice of intended application required 

to be published.. iii 57 20 

local option liquor law shall be enacted. xvi 20 68 

local fence laws may be enacted. xvi 22 69 

stock laws may be enacted. xvi 26 69 

Legislature —Shall at First Session: 

provide for revising and digesting the laws. iii 16 16 

enact efficient vagrant laws. iii 46 16 

, provide for transfer of business in courts to proper 

jurisdiction. v 27 40 

make appropriation for Agricultural and Mechani¬ 
cal College of Texas. vii 16 45 

provide for speedy sale of land for taxes due 

thereon. viii 16 49 

provide mode of procedure to prevent the illegal 
demand of freights, wharfage, fares and tolls... xii 4 57 

provide pains and penalties against usury. xvi 11 67 

provide for a local option liquor law. xvi 20 68 

provide for the payment of teachers under former 

laws. xvi 66 71 

make laws to protect laborers against default cf 

contractors..... xvi 65 71 

1 jcgi s 1 at u re—Requ i re m e n ts: 

shall enact laws to facilitate remedy by habeas 

corpus . i 12 5 

shall regulate and maintain purity and efficiency of 

trial by jury. . i 15 G 

shall have control of all privileges and franchises 

granted by it... i 17 0 

• > shall regulate the wearing of arms..;.. i 26 7 









































95 


Legi si ature—Reqii i re in en t s: 

may alone exercise the power of suspending laws.. 

shall meet biennially. 

shall apportion State into Senatorial and Repre¬ 
sentative districts after each decennial census... 
shall enact laws necessary to carry provisions of 

Constitution into effect.. 

shall provide for compensation of officers. 

shall provide for change of A*enne. 

shall provide against lotteries, lottery tickets, gift 

enterprises, and evasions thereof. 

may raise revenue by taxation for the administra¬ 
tion of government, including purposes enume¬ 
rated. . 

may grant aid in public calamity. 

shall hold its sessions at the city of Austin. 

shall determine contested elections in joint session, 
shall pass laws facilitating im^estigation of 
breaches of trust, ajid providing for suspension 

on cause shown. 

may establish Criminal District Courts in certain 

cities. 

may increase or diminish judicial districts. 

may authorize the holding of special terms of Dis¬ 
trict Courts, or more than two terms. . 

may provide for holding District Courts when 

judge absent, disabled or disqualified. 

may provide for the election of District Attor¬ 
neys and their compensation, with salary of 

$500 . 

to change jurisdiction of County Courts, and con¬ 
form jurisdiction of other courts. 

prescribe duties, perquisities and fees of sheriff.... 
provide for maintenance and support of public 

schools. 

shall provide for separate schools for white and 

colored. * .. 

shall provide for sale of Asylum lands. 

shall establish “The University of Texas”. 

shall provide for the prompt collection of debts 

due for University lands heretofore sold. 

may establish college or branch University for the 

colored. 

may sell the one million acres of land appropriated 
by the Constitution to the University and 

liranches.. 

may impose poll, occupation and income taxes... . 

may exempt designated property. 

may provide for sale of lands of delinquent tax¬ 
payers.- 

by two-thirds vote may authorize taxes of non¬ 
residents to be paid at Comptroller’s office. 

the enumeration of subjects of taxation shall not 
deprive Legislature of levying taxes on other 

subjects.._. 

shall provide for equalizing valuations of property 

taxed, and the classification of lands.. 

have power to create counties, subject to prescribed 
provisions. 


Art. 

Sec.' Page. 

i 

. 28 

7 

iii 

5 

9 

iii 

28 

13 

iii 

42 

15 

iii 

44 

IG 

iii 

45 

10 

iii 

47 

10 

iii 

48 

17 

iii 

51 

18 

iii 

58 

20 

iv 

O 

O 

21 

iv 

25 

28 

V 

1 

29 

V 

7 

81 

V 

i 

82 

V 

k 

82 

V 

21 

. 89 . 

V 

22 

39 

V 

28 

89 

vii 

1 

42 

vii 

7 

44 

Aui 

9 

44 

vii 

10 

44 

vii 

12 

45 

vii 

14 

40 

vii 

15 

40 

viii 

1 

40 

viii 

2 

47 

viii 

15 

50 

viii 

11 

49 

viii 

17 

50 

viii 

18 

50 

ix 

1 

50 






























96 


Legislature—Requirements: 

shall pass laws regulating the removal of county 

seats, in accordance with provisions. 

shall pass laws regulating railroad companies, pre¬ 
venting abuses, discrimination and extortion ... 
shall pass laws establishing fares and freights on 

railroads. 

shall pass laws requiring railroad companies to 
have an office in this State, and comply with 

Constitutional provisions.. 

may charter cities of more than 10,000 population 

by special acts.. 

may aid counties and cities on Gulf coast to build 
sea walls or breakwaters by donations of land... 
may constitute city or town a separate school dis¬ 
trict. 

may create i)rivate corporations by general laws... 
shall always keep control of franchises granted 

by it.. 

shall always have right to annul, modify or 
repeal right to demand freights, fares, tolls or 

wharfage. 

shall provide a method for determining what lands 

have been forfeited. 

shall pass laws for detection and conviction of 

forgers of land titles. 

shall make Land Office self-sustaining, and may 

establish subordinate offices. 

may grant land to railway companies, upon pre¬ 
scribed conditions by general laws. 

shall provide by law for trial and removal from 

office where Constitution makes no provision_ 

shall make laws disfranchising persons convicted 
of bribery, perjury, forgery and other high 

crimes.. 

shall provide for commutation of fine^ to manual 

labor. 

shall provide for deductions from salary, in case of 

neglect of official duty. 

shall pass laws providing for arbitration. 

shall pass laws more clearly defining the rights of 
the wife, and providing for the registration of 

her separate property. 

shall prescribe the qualifications of grand and petit 

jurors. 

shall have power to pass local fence laws. 

shall have power to pass laws for the regulation of 
live stock, inspection of cattle, stock and hides, 

and regulation of brands. 

to provide for laying out and working i:)ublic roads 

to define and punish barratry. 

to establish board of health and vital statistics.. .. 
to authorize the Governor to sell or lease to the 
United States lands for forts, barracks and mili¬ 
tary stations. 

to provide for the speedy enforcement of mechan¬ 
ics’ liens. 

may provide for the office of Commissioner of In¬ 
surance, Statistics and HistbVy. 


Art. 

Sec. 

Page. 

ix 

2 

.51 

X 

1 

53 

X 

1 

53 

X 

O 

52 

xi 

5 

55 

xi 

8 

50 

xi 

10 

50 

xii 

2 

57 

xii 

O 

57 

xii 

5 

57 

xiii 

1 

58 

xiii 

() 

00 

xiv 

1 

00 

xiv 

3 

01 

XV 

4 

04 

xvi 

2 

05 

xvi 

O 

ej 

00 

xvi 

10 

07 

xvi 

13 

07 

xvi 

1 .*) 

07 

xvi 

19 

08 

xvi 

23 

Ot) 

xvi 

23 

09 

xvi 

34 

09 

xvi 

29 

70 

xvi 

32 

70 

xvi 

34 

70 

xvi 

37 

71 

xvi 

38 

71 


























97 


Legislature—Requirements: Art. Sec. Page. 

may make appropriations for preserving memorials 

of history of Texas. xvi J19 71 

may establish inebriate asylum. xvi 43 72 

shall prescribe duties and provide for County 

Treasurer and County Surveyor. xvi 44 73 

shall provide for collecting and keeping records 

and documents relating to history of Texas. xvi 45 73 

shall provide for organizing militia. xvi 4G 73 

shall exempt from forced sale portions of personal 

property of heads of families. xvi 49 73 

shall provide for indigent lunatics. xvi 54 75 

may provide annual pensions for indigent soldiers 

and signers. xvi 55 75 

Legislature—Limitations: 

only special business at special sessions. iii 40 15 

when shall not grant extra compensation. iii 44 10 

no appropriation unless in pursuance of pre-exist¬ 
ing law. iii 44 10 

nor employ unless authorized by pre-existing law., iii 44 10 

shall not levy taxes, except for revenue. iii 48 10 

purposes for which revenue may be raised enume¬ 
rated. iii 48 17 

no power to give or lend, or authorizing the giving 

or lending of the State credit for any purpose... iii 50 17 

no power to grant public money to individuals or 

corporations. iii 51 18 

no power to grant money for immigration. xv 50 75 

no power to authorize municipal corporations to 
aid or become stockholders in private corpora¬ 
tions. iii 53 18 

no power to grant, or authorize the granting of 

extra compensation. iii 53 18 

no power to release State’s liens. iii 54 18 

no power to release indebtedness to State or cor¬ 
poration. iii 55 18 

no power to pass local or special laws authorizing 

subjects enumerated. iii 50 19 

nor any other local or special law where general 

law applicable. iii 50 30 

no power to grant relief to purchasers of land of 

public school fund.;. vii 4 43 

no povver to appropriate public school fund to any 

other purpose. vii 5 43 

no power to grant relief to purchasers of University 

iLds..... . vii 12 45 

no power to relieve the purchasers of the one 

million acres of University land. . vii 15 40 

no power to exempt other than the designated prop¬ 
erty from taxation. viii 2 47 

no power to surrender the taxes for which corpora¬ 
tions may be liable. viii 4 47 

no power to make appropriations for longer term 

than two years; exception—First Legislature... viii 0 47 

no power to borrow or divert special fund. viii 7 48 

no power to release taxes due, except in case of 

public calamitv. viii 10 48 

8 
































98 


Legislature—Limitations: Art. Sec. Page. 

no power to exempt the propc i-ty of railway com¬ 
panies from execution. x 4 58 

no power to authorize construction of street rail¬ 
way without consent of the municipal corpora¬ 
tion.. X 7 54 

no power to charter cities and towns of less than 

10,000 population by special law. xi 4 55 

no power to grant lands to railway companies, ex¬ 
cept upon prescribed conditions, nor by special 

law. xiv 8 fil 

no power to make appropriation for private or indi¬ 
vidual purposes.i. xvi 0 Of) 

no power to issue “Treasury warrants” or 

“ Treasury notes ”. xvi 7 GO 

Legislative Department: 

a branch of the government. ii 1 8 

style of. iii 1 8 

Legitimation: 

no special law, authorizing. iii 50 10 

Libels. i 8 5 

Liberty of conscience. i 0 4 

Liberty of speech, press and opinion. i 8 4 

Liens: 

of mechanics and artizans. xvi 87 71 

for taxes. viii 10 50 

State, shall not be released or alienated. iii 58 18 

no special legislation upon the subject of. iii 50 10 

Lieutenant Governor: 

an officer of Executive Department.. iv 1 21 

term of office, powers and duties . iv 10 25 

President of the Senate. iv 17 20 

impeachment of. xv 2 08 

Liquor Law: 

local option, shall be enacted. xvi 20 08 

Livestock: 

(See “ Stock Laws ”—“ Special Laws.”) 

Local Laws: 

(See “Laws Local”—“Legislature”—“Special Laws.”) 

Lunatics and Idiots: 

shall not vote. vi 1 40 

County Court has jurisdiction of. v 10 80 

Legislature shall make provision for. xvi 54 75 

asylum. vii 0 4 

Mandamus: 

writs of, may be issued by the several courts. 

(See “Courts.”) 

Mechanics’ Lien: 

Legislature to provide by law for speedy mode of 

enforcement.". xvi 87 71 

IMedicine, Practice of: 

qualifications for, may be prescribed. xvi 81 70 

malpractice punished,. xvi 81 70 

no preference to any school of medicine. xvi 81 70 
































99 


Mexican and Spanish land titles: Art. Sec. Page. 

see Art. xiii, sections 1 to 7. xiii. 58 

Mileage: 

going and returning, five dollars for every twenty- 

five miles. iii 24 13 

Comptroller to keep table of distances. iii 24 13 

Military Authority: 

subordinate to civil. i 24 7 

Governor, commander-in-chief of forces. iv 7 33 

Militia: 

GoA'crnor may call out to execute law... . iv 7 33 

Legislature to provide for organization. xvi 40 7o 

Mines and Minerals: 

released by the State to owners of land. xiv 7 03 

Ministry: 

no man compelled to support against his consent.. i 0 4 

Elinors: 

to be emanciiiated only under general laws. iii 50 30 

no local or special laws affecting estate of ....... iii 50 19 

shall not vote. vi 1 40 

Money: 

“warrants, Treasuryand “ Treasury notes” not 

to issue or circulate as. xvi 7 00 

none shall be appropriated for sects, societies or 

institutions. i 7 4 

not to be drawn but in pursuance of specific ap¬ 
propriations.... .. viii 0 47 

no appropriations longer than two years. viii 0 47 

not to be appropriated for immigration bureau, or 

purposes. xvi 50 75 

public money statements to be published annually. xvi 10 00 

no appropriation for private or individual pur¬ 
poses. xvi 0 00 

3Ionopolies and Perpetuities: 

forbidden. i 20 7 

Municipal Corporations: 

the several counties recognized as. xi 1 54 

county buildings, institutions, roads, etc., to be 

provided for by law. xi 3 54 . 

shall iiot aid private corporations. xi d 54 

what cities and towns shall not be specially chartered xi 4 55 

power to tax and restrictions. xi 4 55 

taxes to be collected in money only. xi 4 55 

what cities and towns may be specially charicred.. xi 5 55 

restrictions on taxing power. xi 5 55 

restrictions on creating debt. xi 5 55 

may levy tax. xi 0 55 

regulations as to taxes. xi 0 55 

counties and cities on Gulf of Mexico may tax to 

construct sea walls. xi 7 55 

regulations as to such tax. xi 7 56 

restrictions upon contracting debts. xi 7 50 

counties, cities and towns on Gulf of Mexico may 

have State aid. ... xi 8 56 


































100 


Municipal Corporations. 

public property of, exempt from forced sale and 

taxation. 

a city or town may be made separate school dis¬ 
trict . 

counties may provide poor houses. 

railway property within, liable to taxation. 

Neglect: 

of duty by olFicers, Legislature to provide for de¬ 
ductions from salaries. 

Negligence: 

causing death, parties liable in civil action. 

Notaries Public: 

Governor to appoint convenient number. 

Notice: 

of application for special or local law must be pub¬ 
lished for thirty days. 

Notes—Treasury: 

Legislature not authorized to issue. 

o. 

Oath : 

of office prescribed. 

Oaths and Affirmations: 

to be taken under pains and penalties of perjury .. 

to be administered in manner most binding. 

Occupation Tax: 

may be levied and imposed. 

Officers: 

holding lucrative office not eligible to the Legisla¬ 
ture . 

lucrative office, exceptions enumerated. 

defaulting and not discharged, not eligible to Leg¬ 
islature .. 

duration cf office shall never exceed two years.... 
officers prohibited from holding more than one.... 
accounting officers not to pay party holding any 

other office. 

shall reside within the State, district and county.. 

shall continue until successor is qualified. 

keep accounts, and give information under oath, .. 
Orders, Resolutions, etc.: 

shall be presented to the Governor. 

Outlawry.. 


P. 

Pardons: 

may be granted by the Governor when. 

Paupers: 

public shall not vote. 

Pensions: 

when and to whom may be granted. 

Per diem and Mileage: 

of jDeipber? of the Legislature..... 


Art. 

Sec. 

Page. 

xi 

9 

56 

xi 

10 

56 

xvi 

8 

66 

viii 

5 

47 

xvi 

10 

67 

xvi 

26 

70 

iv 

26 

28 

iii 

57 

20 

xvi 

7 

66 


xvi 

1 

65 

i 

5 

4 

i 

5 

4 

viii 

1 

46 

iii 

19 

11 

xvi 

40 

72 

iii 

20 

11 

xvi 

60 

70 

xvi 

40 

72 

xvi 

36 

70 

xvi 

14 

67 

xvi 

17 

68 

iv 

24 

28 

iv 

15 

25 

i 

20 

6 


iv 

11 

23 

vi 

1 

40 

xvi 

55 

75 

iii 

24 

12 























101 


Perjury: 

conviction of, laws shall be made to disfranchise.. 
oaths and affirmations taken under pains and pen¬ 
alties of. 

Perpetuities: 

not allowed. 

Personal Equality:. 

Petition: 

right of. 

Physicians: 

qualifications of, may be prescribed. 

malpractice of, punished. 

no preference to any schools of medicine. 

Poll Tax: 

may be imposed. 

none for the payment of municipal debts. 

Polls: 

in election precincts. 

Poor Houses: 

shall be provided by general law... 

each county may provide. 

Powers of Government: 

divided into three departments. 

powers of each, how exercised. 

legislative. 

executive.. 

judicial. 

Precincts, Commissioners’: 

county dh'ided into four.. 

present county court shall divide. 

Precincts, Justices’: 

county divided into not less than four nor more 

than eight. 

present county court shall divide. 

Precincts, Election: 

residents of, shall vote in. 

President of Senate: 

pro tern., shall be elected when. 

Lieutenant-Governor shall be. 

Presiding Officer: 

of each House shall sign bills in presence of the 
House... 

Press: 

liberty of the... 

Primogeniture: 

no law of shall be made.'. 

Prisoners: 

bailable when, and how. 

Printing and stationery: 

shall be let out by contract. 

Privilege: 

of members in debate. 

from arrest... . 

of voters from arrest.^. 

exclusive, no man entitled to..... 


Art. 

Sec. Page. 

xvi 

o 

/V 

65 

i 

5 

4 

i 

36 

*7 

i 

3 

1 

i • 

27 

7 

xvi 

31 

70 

xvi 

31 

70 

xvi 

31 

70 

viii 

1 

46 

vi 

3 

41 

vi 

3 

41 

xi 

3 

54 

xvi 

b 

66 

ii 

1 

8 

ii 

1 

8 

ii 

1 

8 

ii 

1 

8 

ii 

1 

8 

V 

18 

•37 

V 

18 

37 

V 

18 

37 

V 

18 

37 

vi 

3 

41 

iii 

!) 

0 

iv 

16 

25 

iii 

38 

15 

i 

8 

4 

i 

36 

7 

i 

11 

5 

xvi 

21 

68 

iii 

21 

13 

iii 

14 

10 

vi 

5 

43 

i 

3 

1 



































Privileges and exemption: 

from public duty, only by general law. 

Process—Compulsory: 

prisoners shall have for witnesses... 

Process and Writs: 

issued, not affected by this Constitution. 

style of prescribed. 

Probate Court: 

County Court established as a. 

Public Calamity: 

relief may be granted in case of .... 

Public Highways: 

railroads declared to be. 

Public Lands and Land Office. 

(See “ Land and Land Office.”) 

Public Hoads: 

Legislature to make provision for. 

Public Schools: 

Legislature to provide for payment of teachers 

prior to 1873 .. 

teachers in, prior to 1876, to be paid by school 

districts. 

Public Purpose: 

taxes be collected-only for. 

Public Use: 

property taken for, compensation to be made. 

Q. 

Quorum: 

two-thirds of each House. 


R. ' 

Railroads: 

may connect at State line with other road. 

intersect, connect and cross other roads. 

to receive and carry the passengers, tonnage and 
cars of other roads, without delay or discrimina¬ 
tion. 

declared public highways. 

declared common carriers.. 

laws to be passed concerning freights and tariffs, 

establishing maximum charges, etc. 

laws to be enforced by adequate penalties. 

maintain public office in this State . 

where transfers of stock shall be made. 

transfer books and other records to be kept for 

inspection by stockholders. 

directors to hold one annual meeting. 

thirty days notice of meeting to be given. 

to report under oath to Comptroller. 

rolling stock and movables, personal pro})erty_ 

real and personakproperty liable to execution. 

Ijegislature shall not exempt frojp exeoition. 

































103 




Railroads: Art, Sec. Page. 

no consolidation by lease or otherwise with parallel 

or competing roads. x 5 53 

officers, not to act as officers of competing roads.. . x 5 53 

shall not consolidate with foreign company. x (J 53 

street railroads must have consent of municipal 

corporations. x 7 54 

no relief to be granted, except on conditioiP of 

acceptance of Constitution.*., x 8 54 

must pass through if within three miles of county 

seat, if right of way through is granted. x 0 54 

State’s lien on not to be released or alienated. iii 54 18 

no special charters incorporating. iii 50 10 

property of, to be assessed and taxed. viii 8 48 

when taxes to be collected. viii 8 48 

rolling stock assessed in gross, and where. viii 8 48 

tax, collected for counties, to be apportioned by 

Comptroller. viii 8 48 

lands granted to, only upon conditions. xiv 3 61 

granted only by general law. xiv 3 01 

Rebatements, Drawbacks, etc.: 

prohibited. . xOi 25 09 

Registration of Voters: 

prohibited. vi 4 42 

Relief from Legislature Denied: 

purchasers of school lands. vii 4 42 

purchasers of University lands. vii 12 45 

State liens to be enforced according to original 

terms.. iii 54 18 

to railway companies, except on condition of ac¬ 
ceptance of provisions of Constitution. x 8 54 

University lands hereafter sold, no relief to be 

granted purchasers. vii 15 40 

Religious Sects and Societies: 

no preference to be given by law to. i 0 4 

laws for the protection of, to be passed. i 6 4 

no appropriation to be made for. i 7 4 

Religious Test: 

as a qualification for office, prohibited. i 4 4 

in giving evidence. i 5 4 

Remedy: 

by due course of law. i 13 0 

Removals from Office: 

who by impeachment. xv 2 63 

who by Supreme Court. xv 0 03 

who by address. xv 8 04 

who by District Courts. v 24 30 

Clerks— 

Supreme Court. v 4 30 

Court of Appeals. v 0 31 

District Court, by information on indictment. v 0 33 

Legisiature to provide for. xv 7 64 

Representatives, House of, and Members : 

(See “House and Senate,” and “Senate and House.”) 

a branch of the Legislature. iii 1 8 

not less than ninety-three nor more than one hun¬ 
dred and fifty. iii 2 8 






































104 


Representatives, House of, and Members : 

elected for two years from date of election. 

qualifications prescribed. 

shall organize, temporarily and elect speaker. 

to be apportioned, and how. 

after each decennial census. 

appportioned by ordinance until next census. 

revenue billls must originate in. 

power of impeachment vested in. 

Representative Districts: 

how apportioned and when. 

apportioned by prdinance until next decennial 

census. . 

Reprieves: 

granted by Governor when. 

Republican form of Government: 

Texas pledged to preservation of. 

Residence: 

all civil officers shall reside in State. 

in district and county. 

of Governor. 

not forfeited by absence on public business. 

Resolutions: 

what shall go to Governor for approval. 

Retroactive Laws: 

shall not be made. 

Returns of Election: 

of executive officers, directed to Secretary of State. 

to be delivered to speaker. . 

to be opened in presence of both Houses. 

result to be declared by speaker. 

Returning Officer: 

to order election for members of the Legislature, 

when. . 

Revenue: 

raised for what purposes. 

Revenue Bills: 

must originate in House. 

Revision of Laws: 

first Legislature to provide for. 

may be made every ten years. 

Right of Action: 

for homicide. 

Rights of Property and Rights of Action: 

existing, not affected by this Constitution. 

Right of Trial by Jury: 

shall remain inviolate. 

Right of Assembly. 

Right of Conscience. 

Right of Petition. 


Art. 

Sec. Page. 

iii 

4 

0 

iii 

7 

0 

iii 

<) 

9 

iii 

2(5 

Iff 

iii 

28 

Iff 

iii 

28 

Iff 

iii 


14 

XV 

1 

63 

iii 

26 

13 

iii 

28 

Iff 

iv 

11 

23 

i 

2 

1 

xvi 

14 

67 

xvi 

14 

67 

iv 

Iff 

24 

xvi 

9 

66 

iv 

15 

25 

i 

16 

6 

iv 

ff 

21 

iv 

O 

O 

21 

iv 

o 

o 

21 

iv 

ff 

21 


iii 

Iff 

10 

iii 

48 

16 

iii 

33 

14 

iii 

43 

16 

iii 

43 

16‘ 

xvi 

26 

70 

xvi 

18 

68 

i 

15 

6 

i 

27 

7 

i 

6 

4 

i 

27 

7 



































105 


/ 




Boads and Bridges: 

Art. 

Sec. 

Page. 

shall be provided for by general law... 


2 

54 

provisions to be made for by Legislature. 

xvi 

24 

69 

convict labor to be utilized on. 

xvi 

24 

69 

no special laws relating to. 

iii 

5(5 

19 

no special laws vacating. 

, . . iii 

5(5 

19 

Rules of Order: 




each House to determine. 

iii 

11 

10 


S. 

Salaries: 

(See “Compensation.”) 

Seal of State: 

to be kept by tlie Secretary of State. 

all commissions shall be sealed with. 

• Searches and Seizures: 

the people secured from unreasonable. 

warrant for. 

Seat of Government: 

Austin declared to be. 

Governor shall reside at. 

Legislature shall hold its sessions at. 

School Districts: 

city or town may be a separate. 

Legislature to provide for payment of amount due 

teachers by school districts. 

School Funds and Lands: 

what shall constitute perpetual. 

not more than one-fourth of general revenue. 

. a poll tax of one dollar. 

lands set apart to shall be sold. 

no relief to purchasers of lands. 

to be invested by Board of Education. 

how invested. 

principal of all bonds shall be permanent. 

interest on bonds the available. 

no appropriation of permanent or available shall 

be made to any other purpose. 

, or for sectarian schools. 

the available to be distributed to counties. 

concerning county school lands.... 

Board of Education to distribute funds. 

Schools—Separate: 

to be provided for white and colored. 

Schools of Medicine: 

no preference to any shall be given in prescribing 

qualifications of practitioners of medicine. 

Seamen, mariners and soldiers not to vote. 

Secretary of State: 

an officer of executive department. 

custodian of seal of State.. 

sign commissions. 

appointed by Governor. 

duties prescrilied.. • i. 

compensation $2000. 

i-eturns of elections to be djretted to.;. 

9 


iv 

19 

26 

iv 

20 

26 

i 

9 

5 

i 

9 

5 

iii 

58 

20 

iv 

18 

24 

iii 

58 

20 

xi 

10 

56 

xvi 

86 

71 

vii 

2 

42 

vii 

8 

42 

vii 

8 

42 

vii 

4 

42 

vii 

4 

42 

vii 

4 

42 

vii 

4 

48 

vii 

5 

48 

vii 

5 

48 

vii 

5 

43 

vii 

5 

43 

vii 

5 

48 

vii 

6 

48 

vii 

8 

44 

vii 

7 

44 


xvi 

31 

70 

vi 

1 

40 

iv 

1 

21 

iv 

19 

26 

iv 

20 

27 

iv 

21 

27 

iv 

21 

27 

iv 

21 

28 

iv 

8 

21 









































V 


106 


Sects, or lieligious Societies: 

no appropriation for. 

no preference shall ever be given to. 

Seizures and Searches: 

the people secured from unreasonable. 

warrant for. 

Senate and House: 

provisions common to both:— 

qualification and election, each the judge.‘ 

quorum, two-thirds of each. 

less may compel attendance. 

determine rules of proceedings of each;.. 

may punish members.. 

expulsion, but not a second, for same offense. 

shall keep and publish journal. 

yeas and nays, three may demand. 

vacancies provided for. 

punish persons not members. 

open sessions, except Senate in executive. 

adjournments not longer than three days. 

no adjournment to other place without concur¬ 
rence. 

elect their own officers. 

members privileged from arrest. 

ineligible to other office... 

other officers ineligible as members. 

officers charged with public money ineligible until 

discharged...’. 

privileged in debate. 

personal or private interest to be disclosed, and 

shall not vote. 

removal from district vacates office. 

compensation, per diem and mileage. 

members elected at general election to be regulated 

by law. 

apportionment after each census to be made.. 

apportioned by ordinance until next census. 

oath of, prescribed. 

bribery of. 

Senate and Senators:—(See “Senate and House.”) 

to consist of thirty-one Senators. 

chosen for four years. 

new, to be chosen after every apportionment. 

divided into two classes. 

first class two, second class four years. 

qualifications for... 

shall choose president pro tarn, at beginning and 

close of each term..... 

executive session.... 

Senate as a court of impeachment. 

Lieutenant Governor president of. 

advice and consent of tivo-thirds to Governor’s 

appointments to fill vacancies. 

advice and consent of to appointment of Secretary 
of State. 


Art. 

Sec. Page. 

i 

7 

4 

i 

6 

4 

i 

9 

5 

i 

9 

5 

iii 

8 

9 

iii 

10 

10 

iii 

10 

10 

iii 

11 

10 

iii 

11 

10 

iii 

11 

10 

iii 

12 

10 

iii 

12 

10 

iii 

18 

10 

iii 

15 

10 

iii 

16 

11 

iii 

17 

11 

iii 

17 

11 

iii 

9 

9 

iii 

14 

11 

iii 

18 

11 

iii 

19 

11 

iii 

fO 

11 

iii 

21 

12 

iii 

22 

12 

iii 

28 

12 

iii 

24 

12 

iii 

27 

18 

iii 

2S 

18 

iii 

28 

18 

xvi 

1 

65 

xvi 

41 

72 

iii 

2 

8 

iii 


8 

iii 

O 

O 

8 

iii 

3 

8 

iii 

8 

8 

iii 

6 

9 

iii 

9 

9 

iii 

16 

11 

XV 

8 

68 

iv 

16 

25 

iv 

12 

23 

iv 

21 

27 













































107 


Senate and Senators: Art. Sec. Page. 

advice and consent of two-thirds to appointment 

of notaries public.. iv 30 27 

advice and consent of to pardons for treason.... iv 11 23 

Senatorial Districts: 

no single county entitled to more tlian one. iii 25 13 

apportionment to be made first session after every 

decennial census. id 3 y 13 

Sentence. 

Governor may respite. iv 11 23 

Separate Property of Wife: 

what shall be. xvi 15 07 

rights of the wife to, to be more clearly defined... xvi 15 07 

laws shall be passed for registration of. xvi 15 08 

Sessions of Legislature: 

biennial. iii 5 9 

may be convened by Governor. iii 5 9 

special sessions not longer than thirty days. iii 40 15 

designated subjects only to considered. iii 40 15 

extraordinary occasions, may ne convened at capital 

or elsewhere. iv 8 22 

proclamation shall state purpose. iv 8 22 

Sheriffs: 

election, term, duties, perquisites and fees. v 23 39 

to collect the taxes. viii 10 50 

in counties with 10,000 inhabitants, tax collector 

elected. viii 10 50 

vacancy may be filled by County Commisioner's 
court. v 23 '39 

Soldiers: 

where not to be quartered. i 25 7 

Soldiers, United States: 

not allowed to vote. \[ 1 40 

Spanish and Mexican Land Titles: 

provisions concerning. xiii 1—7 58 

Speaker of the House: 

how elected. iii 9 9 

when and where shall open and publish election 

returns. iv 3 31 

Special Funds: 

shall not be diverted. viii 7 48 

Special Laws: 

what shall not be passed, enumerated. iii 50 19 

shall not be made, when general laws can be made 

applicable. iii 50 19 

may be passed for preservation of fish and game.'.. iii 50 20 

thirty days’ notice of intended application required 

to be published. iii 57 20 

local option liquor law shall be enjicted. xvi 20 68 

stock law may be enacted. xvi 23 69 

to change jurisdiction of County Courts. v 3 39 

may charter city of ov^f..l0,000 inhabitants. xi 5 55 

to aid counties and cities on Gulf coast to build 
sea walls, breakwaters, etc... xi 8 56 































lOS 


Special Sessions of Legislature: 

(See ‘'Sessions of Legislature.”) 

Speech and Opinion: 

liberty of. 

State Government: 

departments of.... 

Stationery, Printing, etc.: 

shall be furnished and performed under contract.. 
Statistics, Vital, and Health: 

Legislature may establish board of. 

Stock raisers, stock laws, etc... 

Streets: 

vacating, no special law for. 

Street Railways: 

not to be constructed without consent of municipal 
authorities. 

Style: 

of laws, “Be it enacted by the Legislature of the 

State of Texas”. 

of Legislature, “The Legislature of the State of 

Texas”... 

of process, “The State of Texas”. 

Subsidies: 

State, county and municipal aid to private individ¬ 
uals and corporations forbidden. .... 

same subject. 

same subject. 

Suffrage: 

who shall not vote. 

who are voters... 

who are voters in municipal corporations....._ 

duelling, effect of, on right of. 

laws to be made to exclude the convicted of 
bribery, perjury, forgery, and other high crimes. 

the right of, to be protected by law. 

right of, not forfeited by absence on business. 

Suicide: 

property of, shall descend as in other cases... 

Supreme Being: 

unbelief in, disqualifies from holding office. 

Supreme Court: 

(See “Courts, ‘Supreme. ”) 

T. 

Taxation and Taxes: 

concerning—equality and uniformity. 

subjects of taxation. 

valuation. 

poll tax. 

occupation taxes. 

income taxes. 

no occupation tax on agricultural or mechanical 

pursuits. 

i|;250 worth of furniture “of a family exempt. 

occupation tax levied by municipal corporations 
limited to one-half of State tax.. 


Art. 

Sec. 

Page. 

i 

8 

4 

ii 

1 

8 

xvi 

21 

68 

xvi 

82 

70 

XVl 

28 

69 

iii 

19 

56 

X 

8 

54 

iii 

29 

18 

iii 

1 

8 

V 

12 

84 

iii 

ol 

18 

iii 

52 

18 

xi 

8 

54 

vi 

1 

40 

vi 

2 

41 

vi 

8 

41 

xvi 

4 

66 

xvi 

2 

65 

xvi 

2 

65 

xvi 

9 

66 

i 

21 

7 

i 

4 

4 


viii 

1 

40 

viii 

1 

40 

viii 

1 

46 

viii 

1 

46 


























109 


Taxation and Taxes: Art. Sec. Page. 

eciuality and uniformity of cccuuation tax. viii 2 47 

Jjcgislaturc may exempt:— 

property used for public purposes. 

property used for worshiju 

cemeteries not for private profit. 

building for school purposes. i. . , 

furniture of schools. 

institutiens for charity. viii or u 2 47 

other exemptions A'oid. viii 2 47 

levied and collected only for public purposes. viii ‘ 3 47 

})ower to corporations never to be suspended or 

surrendered by contract or grant. viii 4 47 

of municipal taxation of railroad property. viii 5 47 

back taxes may be collected by municipal 

authority. viii 5 47 

of taxation on railway property:— 

may be assessed and collected in counties. 

where fixtures and road bed situated. , 

rolling stock in county of principal office. 

apportioned among counties, and how.. viii 8 48 

shall never exceed fifty cents on the |100, ex- n 

elusive of tax to pay public debt.. •. viii 1) . .,48 

counties, cities and towns limited to half of State 

tax. viii 9 48 

except for payment of debts already incurred. viii 0 48 

lax for erection of public building limited to fifty 

cents on the $100. viii 0 ' ' 48 

payment of taxes for State and county purposes not 

to be released, except in case of public calamity. viii 10 ' 48 

' taxes to be assessed and paid in the county where 

property is situated. viii 11 49 

non-residents of counties, when may be authorized 

to pay at Comptroller’s office. viii 11 49 

officer shall assess unrendered property. viii 11 49 

on property in unorganized county, where asssessed 

and collected. viii 12 49 

concerning the enforcement of the payment of.... viii 13 49 

assessor and collector of taxes, election, term and 

duties. viii 14 49 

assessments shall be a lien, and property liable to 

seizure and sale. viii 15 50 

sheriff shall be collector in counties of less than 

10,000 inhabitants. viii 10 50 

over 10,000 inhabitants, collector elected.. viii 10 50 

subject? specified, not to excludge right to tax 

other subjects and objects not enumerated. viii 17 50 

ecpialization of value by County Commissioners’ 

Court, to be provided for by Legislature. viii 18 50 

classification of lands according to the value in the 

several counties also to be provided for. viii 18 50 

taxes only to be levied and collected for purposes 

enumerated. iii 48 17 

concerning taxing power in cities of over 10,000 

inhabitants, and limitations thereon. xi 5 55 

' concerning taxing, power in cities of under 10,000 

inhabitants, and limitations thereon. xi 4 55 

























110 


Taxation and Taxes: 

concerning levy, assessment and collection of taxas 
by counties, cities and towns, to pay interest and 
provide sinking fuiid for payment of indebted¬ 
ness . 

Art. 

xi 

Sec. Page. 

C 55 

concerning taxes levied by counties, cities and 
towns for sea walls and breakwaters. 

xi 

7 

50 

property of counties, cities and towns for public 
purposes, exempt from taxation. 

xi 

0 

50 

concerning the levy and collection of taxes by city 
authorities for school purposes. 

xi 

10 

57 

Tests: .v 

religious, not required. 

i 

4 

4 

acknowledging existence of Supreme Being, the 
only. 

i 

4 

4 

Titles, Land—(See “Mexican and Spanish”). 

xiii.., 


58 

emanated, or hereafter emanating, from the State 
shall be registered in General Land Office.. 

xiv 

1 

00 

certificates not to be put upon titled lands... 

xiv 

2 

01 

Transported: 

out of the State for crime, no one shall be. 

i 

’ 20 

0 

Treason: , 

defined, and testimony necessary to convict. 

i 

22 

7 

Governor, with advice and consent of Senate, may 
grant pardon. 

iv 

11 

23 

to this end, may respite sentence. 

iv 

11 

23 

Trea.surer: 

an officfer of executive department. 

iv 

1 

21 

elected, term, salary, and duties. 

iv 

23 

28 

removed by impeachment. 

XV 

2 

03 

“Treasury Notes and Warrants:” 

not to be issued tc circulate as money. 

xvi 

7 

00 

Trial: 

no second, for same offense, after verdict. 

i 

14 

0 

bv jury, right to, inviolate. 

jury must be demanded, and fee paid. 

i 

15 

0 

v 

10 

33 

nine jurors concurring, may render verdict. 

in district court, twelve compose jury. 

V 

13 

34 

V 

13 

34 

in county court, six.*. 

V 

17 

37 

IT. 

University, and its Fund and Lands: 

“The’University of Texas”. 

vii 

10 

44 

concerning its establishment and support. 

vii 

10 

44 

its funds and lands.. 

vii 

10 

44 

provisions relating thereto. 

vii 

10 

44 

concerning the sale of its lands. 

“The Agricultural and Mechanical College of 
Texas” made and constituted a branch. 

vii 

12 

45 

vii 

13 

45 

forty thousand dollars to be appropriated at first 
session for its completion.. 

vii 

, 13 

45 

another branch for the colored may be established. 

\*ii 

14' 

46 
































Ill 


ITniversity, and its Fund and Lands: 

Art. 

Sec. Page. 

no tax to be levied, no appropriation out of general 
revenue for erecting building. 

vii 

14 

46 

one million additional acres of land set apart, with 
provisions fdr sale thereof. 

vii 

15 

46 

Usury and Interest: 

provisions concerning. 

• -K- 

xvi 

11 

67 

V. 

Vacancies : 

in either House, writs of election to be issued by 
Governor—he failing, by returning officer. 

iii 

13 

10 

concerning, in State and district officers. 

iii 

23 

12 

in Supreme Court. 

V 

2 

29 

in Court of Appeals.. 

V 

28 

40 

in District Court. 

V 

28 

40 

in County Judges, filled by Com. Court. 

V 

28 

40 

in Justices of the Peace, by Commis¬ 
sioner’s Court. 

V 

28 

40 

in sheriff’s office, by Commissioner’s 
Court. . 

V 

23 

39 

Vagrants: ' 

Legislature shall enact effective laws concerning.. 

iii 

46 

61 

Venue, Change of: 

Power vested in courts. Legislature to make pro¬ 
vision for. 

iii 

45 

16 

no special law for, shall be made. 

iii 

56 


Veterans, Texas: 

Pensions may be granted the indigent. 

xvi 

55 

75 

Vested Rights; 

Existing by grant or statute, not divested. 

xiii 

7 

58 

rights of property and of action, acquired under 
former Constitutions and laws, not divested. 

xvi 

18 

68 

all existing rights to remain as they were. 

xvi 

18 

68 

Veto: 

provisions concerning the power. 

iv 

14 

24 

Voters and Votes: 

(See “Suffrage.”) 

w. 

Wages: 

current, for personal service, not subject to garnish¬ 
ment. 

xvi 

28 

70 

Warrants, Treasury, and Notes: 

shall not be issued to circulate as money. 

xn 

7 

66 

Warrants to Search and Seize: 

shall not issue, without affidavit and description.. 

i 

9 

5 

Wife’s Separate Property: 

what shall be... 

xvi 

15 

67 

' rights of wife to, to be more clearly defined. 

laws shall be passed for registration of.. 

xvi 

15 

67 

xvi 

15 

68 























112 


Worship: Art. Sec. Page. 

declaration of rights as to. i 0 4 

public worship to be protected by laws. i 0 4 

Y. 

Yeas axd Nays: 

three members may demand to be entered on 

journal. iii 12 10 

to suspend reading of bill on three several days, 
four-fifths of the House required, and yeas and 

nays shall be entered on the Journals. iii 32 14 

yeas and nays on question of emergency as to ne¬ 
cessity of law taking effect. iii 39 15 














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